Using Consumer Research to Address Key Lanham Act Issues in Trademark Litigation
The Lanham Act, as codified in 15 U.S.C. §1125, is the statutory basis for most trademark claims. Many common issues in trademark law and other areas of civil litigation—e.g. dilution, trade dress infringement, false advertising, etc.—are addressed in the Lanham Act.
Because the Lanham Act primarily addresses the ways in which consumers interpret—and misinterpret—names, symbols, and other marks used by businesses in commerce, issues raised in the Lanham Act are particularly well-suited to testing through consumer research.

