III 

114TH CONGRESS 

2D SESSION S. RES. 542 

Recognizing the 70th anniversary and the importance of the Lanham Act 

by designating July 2016 as ‘‘National Anti-Counterfeiting Consumer 

Education and Awareness Month’’. 

IN THE SENATE OF THE UNITED STATES 

JULY 14, 2016 

Mr. GRASSLEY (for himself and Mr. COONS) submitted the following 

resolution; which was considered and agreed to 

RESOLUTION 

Recognizing the 70th anniversary and the importance of the 

Lanham Act by designating July 2016 as ‘‘National 

Anti-Counterfeiting Consumer Education and Awareness 

Month’’. 

Whereas July 5, 2016, marks the 70th anniversary of the 

signing of the Act of July 5, 1946 (60 Stat. 427, ch. 

540; 15 U.S.C. 1051 et seq.) (commonly referred to as 

the ‘‘Trademark Act of 1946’’ or the ‘‘Lanham Act’’) by 

President Harry S. Truman; 

Whereas the Lanham Act provided the foundation for modern 

Federal trademark protection, creating remedies for 

brand owners suffering from trademark infringement and 

helping consumers by reducing confusingly similar products in the marketplace; 


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Whereas the Lanham Act was named for Representative 

Fritz Lanham of Texas, the primary sponsor of the Act, 

who recognized that the uniformity provided by the establishment of a Federal trademark law was necessary to 

create a nationwide framework for the protection of 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 protect consumers from 

confusion and deception in the marketplace and in commerce; 

Whereas Representative Lanham stated that a clear purpose 

of the Lanham Act was to ‘‘protect legitimate business 

and the consumers of the country’’; 

Whereas in 2012, approximately 24,000,000 trademarks were 

in force around the world; 

Whereas the Lanham Act has provided 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; 

Whereas counterfeiters use deceptive practices to entice consumers to purchase counterfeit goods including— 


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(1) personal care products, including toothpaste, 

shampoo, laundry detergents, soaps, and cosmetics; 

(2) toys; 

(3) automotive parts; 

(4) military equipment; 

(5) foods; 

(6) medicines and pharmaceuticals; 

(7) petroleum products, including motor and engine 

oil; 

(8) computer chips; 

(9) agricultural pesticides and seeds; and 

(10) apparel, footwear, and accessories; 

Whereas counterfeit products pose actual and potential harm 

to the consumers of the United States, especially the 

most vulnerable consumers in society, such as senior citizens, children, and individuals who might fall prey to the 

deceptive tactics of counterfeiters; 

Whereas counterfeit products threaten the economy of the 

United States and job creation in the United States, 

given that intellectual property is a cornerstone of the 

economy; 

Whereas, according to a report issued on April 18, 2016, by 

the Organization for Economic Cooperation and Development, the manufacturing, trade, and consumption of 

counterfeit products is on the rise and trade in counterfeit products continues to increase, escalating from approximately $250,000,000,000 in 2008 to as much as 

$461,000,000,000 in 2013; 

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 


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the illegal activities that consumer money might support 

when consumers knowingly or unknowingly purchase 

counterfeit products; 

Whereas brand owners, including corporations and mediumsized 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; 

Whereas, over time, counterfeiting contributes to the steady 

erosion of the reputation of brand owners and the trustworthiness and goodwill such owners establish with consumers to provide reliable and safe products; 

Whereas the Congressional Trademark Caucus is actively 

working to raise awareness of the value of trademarks 

and the impact of trademarks on 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 non-governmental 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 70th 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 


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counterfeit products pose to consumer health and safety: 

Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) recognizes the 70th anniversary of the sign3 ing of the Act of July 5, 1946 (60 Stat. 427, ch. 

4 540; 15 U.S.C. 1051 et seq.) (commonly referred to 

5 as the ‘‘Trademark Act of 1946’’ or the ‘‘Lanham 

6 Act’’) by President Harry S. Truman; 

7 (2) designates July 2016 as ‘‘National Anti8 Counterfeiting Consumer Education and Awareness 

9 Month’’; 

10 (3) supports the goals and ideals of National 

11 Anti-Counterfeiting Consumer Education and 

12 Awareness Month to educate the public and raise 

13 public awareness about the actual and potential dan14 gers counterfeit products pose to consumer health 

15 and safety; 

16 (4) affirms the continuing importance and need 

17 for comprehensive Federal, State, and private sector18 supported education and awareness efforts designed 

19 to equip the consumers of the United States with 

20 the information and tools they need to safeguard 

21 against illegal counterfeit products in traditional 

22 commerce, internet commerce, and other electronic 

23 commerce platforms; 


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1 (5) encourages the people of the United States 

2 to observe and celebrate the 70th anniversary of the 

3 signing of the Lanham Act with appropriate anti4 counterfeiting education and awareness activities; 

5 and 

6 (6) recognizes and reaffirms the commitment of 

7 the United States to combating counterfeiting by 

8 promoting awareness about the actual and potential 

9 harm of counterfeiting to consumers and brand own10 ers and by promoting new education programs and 

11 campaigns designed to reduce the supply of and de12 mand for counterfeit products. 

Æ 


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