[Congressional Record Volume 167, Number 131 (Tuesday, July 27, 2021)]
[Senate]
[Page S5108]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    SENATE RESOLUTION 323--RECOGNIZING THE 75TH ANNIVERSARY AND THE 
   IMPORTANCE OF THE LANHAM ACT BY DESIGNATING THE MONTH OF JULY AS 
  ``NATIONAL ANTI-COUNTERFEITING AND CONSUMER EDUCATION AND AWARENESS 
                                MONTH''

  Mr. GRASSLEY (for himself, Mr. Coons, Mr. Tillis, Mr. Durbin, and Mr. 
Leahy) submitted the following resolution; which was considered and 
agreed to:

                              S. Res. 323

       Whereas July 5, 2021, marks the 75th anniversary of the 
     signing of the Act entitled ``An Act to provide for the 
     registration and protection of trademarks used in commerce, 
     to carry out the provisions of certain international 
     conventions, and for other purposes'', approved July 5, 1946 
     (commonly known as the ``Lanham Act'' or the ``Trademark Act 
     of 1946'') (15 U.S.C. 1051 et seq.) by President Harry S. 
     Truman;
       Whereas the Lanham Act provided the foundation for modern 
     Federal trademark protection, creating legal rights and 
     remedies for brand owners suffering from trademark 
     infringement, helping consumers make informed choices by 
     reducing confusingly similar products, and making the 
     marketplace more fair, competitive, and safe for all;
       Whereas the Lanham Act was named for the primary sponsor, 
     Representative Fritz Lanham of Texas, who recognized a need 
     to ``protect legitimate business and the consumers of the 
     country'' and created a uniform Federal framework to protect 
     the trademarks of businesses, including logos, words, 
     phrases, names, packaging, scents, shapes, and colors;
       Whereas the Lanham Act has enabled the United States Patent 
     and Trademark Office to administer a strong and effective 
     Federal trademark registration system that helps trademark 
     and brand owners safeguard their investments, while 
     protecting consumers from confusion and deception in the 
     marketplace and in commerce;
       Whereas the Lanham Act has been cited by the United States 
     Supreme Court in more than 50 decisions and by Federal and 
     State courts across the United States in more than 54,000 
     decisions;
       Whereas, in 2019, approximately 58,200,000 trademarks were 
     in force around the world;
       Whereas an estimated 9,200,000 trademark registrations 
     recorded worldwide in 2019 alone, an 18.9 percent increase on 
     the previous year's total;
       Whereas the Lanham Act has provided more than 7 decades of 
     protection for the consumers and industries of the United 
     States, which is of growing importance given the explosion of 
     counterfeiting activity associated with the growth of both 
     global commerce and electronic commerce (commonly referred to 
     as ``e-commerce'');
       Whereas counterfeit products undermine laws, including the 
     Lanham Act, that serve to safeguard consumers and brand 
     owners against deceptive products in the marketplace and 
     create profits for organized crime gangs at the expense of 
     companies and governments;
       Whereas counterfeiters use deceptive practices to entice 
     consumers to purchase counterfeit goods;
       Whereas the deceptive tactics of counterfeiters and their 
     counterfeit products pose actual and potential harm to the 
     health and safety of United States citizens, especially the 
     most vulnerable consumers in society, such as senior citizens 
     and children;
       Whereas counterfeit products threaten the United States 
     economy and job creation, given that intellectual property is 
     a key value generator, is an enabler of success in 
     competitive markets, and promotes innovation and drives 
     sustained economic growth;
       Whereas, according to a report issued on April 18, 2021, by 
     the Organization for Economic Cooperation and Development, as 
     of 2019 the manufacturing, trade, and consumption of 
     counterfeit products is on the rise and trade in counterfeit 
     products accounts for 3.3 percent of global trade, or 
     approximately $500,000,000,000;
       Whereas brand owners, including corporations and medium-
     sized and small businesses, collectively spend billions of 
     dollars annually to remove counterfeit products from the 
     marketplace, including the online marketplace, in an effort 
     to safeguard consumers from counterfeit products and protect 
     the innovation, reputation, and goodwill invested in their 
     trademarked products and services;
       Whereas there is a need to support the efforts of the 
     Intellectual Property Enforcement Coordinator and the 
     National Intellectual Property Rights Coordination Center to 
     minimize counterfeit activity and educate consumers about the 
     illegal activities that consumer money might support when 
     consumers knowingly or unknowingly purchase counterfeit 
     products;
       Whereas U.S. Customs and Border Protection is experiencing 
     an unprecedented volume of counterfeit products being 
     imported into domestic commerce, primarily through the use of 
     e-commerce and delivery in small packages;
       Whereas the Congressional Trademark Caucus is actively 
     working to raise awareness of the value of trademarks and the 
     impact of trademarks on the national and State economies, as 
     well as the threat posed by counterfeit products in 
     undermining the safeguards that trademark protections provide 
     for consumers and brand owners alike;
       Whereas many governmental and nongovernmental entities, 
     including Federal enforcement agencies, the National 
     Intellectual Property Rights Coordination Center, State 
     enforcement agencies, and consumer groups, share 
     responsibility for, and dedicate substantial resources 
     towards, educating the people of the United States about the 
     potential harms that can arise from counterfeit products in 
     the marketplace; and
       Whereas recognition and commemoration of the 75th 
     anniversary of the signing of the Lanham Act serves as a 
     means of educating the people of the United States about the 
     importance of further raising awareness of the dangers 
     counterfeit products pose to consumer health and safety: Now, 
     therefore, be it
       Resolved, That the Senate--
       (1) recognizes the 75th anniversary of the signing of the 
     Act entitled ``An Act to provide for the registration and 
     protection of trademarks used in commerce, to carry out the 
     provisions of certain international conventions, and for 
     other purposes'', approved July 5, 1946 (commonly known as 
     the ``Lanham Act'' or the ``Trademark Act of 1946'') (15 
     U.S.C. 1051 et seq.) by President Harry S. Truman;
       (2) designates the month of July 2021 as ``National Anti-
     Counterfeiting and Consumer Education and Awareness Month'';
       (3) supports the goals and ideals of National Anti-
     Counterfeiting and Consumer Education and Awareness Month to 
     educate the public and raise public awareness about the 
     actual and potential dangers counterfeit products pose to 
     consumer health and safety;
       (4) affirms the continuing importance and need for 
     comprehensive Federal, State, and private sector-supported 
     education and awareness efforts designed to equip the 
     consumers of the United States with the information and tools 
     they need to safeguard against illegal counterfeit products 
     in traditional commerce, internet commerce, and other 
     electronic commerce platforms;
       (5) encourages the people of the United States to observe 
     and celebrate the 75th anniversary of the signing of the 
     Lanham Act with appropriate anti-counterfeiting education and 
     awareness activities; and
       (6) recognizes and reaffirms the commitment of the United 
     States to combating counterfeiting by promoting awareness 
     about the actual and potential harm of counterfeiting to 
     consumers and brand owners and by promoting new education 
     programs and campaigns designed to reduce the supply of, and 
     demand for, counterfeit products.

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