Lanham Act

Anthony Holman will discuss the past and present status of liability under the Lanham Act, 15 U.S.C. § 1051, et seq.  The format examines federal cases dealing with both tangible and intangible uses of trademarks from local and other jurisdictions, and further discusses possible ways in which such liability arises.

The topics covered include:

  1. What constitutes a trademark and how to test its distinctiveness, likelihood of confusion
  2. Standing
    1. Zone of Interests covered by Lanham Act, according to J. Scalia (Sec. 1127) - Having commercial/pecuniary injury from trademark registration; prioritizing use of mark
    2. Injury proximately resulting from violation of statute
    3. Redressability/damages, likelihood of future harm, in addition to damages that cannot be recovered
  3. Common causes of action that arise under the Lanham Act
    1. Sections 1051, 1064 – cancel registration of certain marks with the USPTO, but neither independently confers civil liability in District Court
    2. Section 1120 – civil liability for harm caused by false/fraudulent trademark registration
    3. Section 1125 – false designation of origin, description of mark
  4. Covering the elements of a valid 1051, 1064 claim:
    1. Ownership through registration, continuous use in commerce
      1. Factor test for usage – market penetration test
    2. Establishing priority in mark
  5. Covering the elements of valid 1120 claim (fraudulent registration):
    1. Concurrent use of same mark when application was made
    2. Non-applicant had superior legal rights to mark – and establishment thereof
    3. Applicant knew that non-applicant had superior rights
    4. Applicant intended to procure registration of mark by not disclosing non-applicant’s superior interest
    5. Importance of “damages sustained in consequence thereof”
  6. Covering the elements of a valid Section 1125 claim, ACPA claim
    1. Ownership of mark
    2. Use of mark in commerce vs. in connection with goods and services
    3. Likelihood of confusion
    4. Discussion of factors in ACPA claim
    5. Types of damages that can be awarded
  7. Overview of process for registering copyrights and trademarks with the US Patent & Trademark Office
7 part video, duration of 01:00:49.
Production Date
State Due Date Credit Information

Anthony B. Holman

Anthony B. Holman

Practice Areas

Business Law
Civil Litigation
Civil Rights
Employment Law
Estate Planning
Insurance Law
Personal Injury
Probate Law


Indian Hill High School, 2000

Bachelor of Science Business Administration, Miami University, 2004 – double-major in Human Resources and Decision Sciences

Juris Doctor, University of Dayton, 2008

Bar Admissions

State of Ohio, 2008


Anthony joined Phillips Law Firm in 2012. Prior to joining the firm, he practiced as a civil litigator at White, Getgey & Meyer. Anthony actively participates in every facet of the litigation process, having tried multiple cases, and has appeared in courts throughout Ohio.  His experience extends to both trial and appellate practice.

While attending law school, Anthony served as a legal extern to Judge John Kessler and Judge Mary Wiseman. He also clerked for two years at the Cincinnati law firm Mezibov & Jenkins.


Ohio State Bar Association
Cincinnati Bar Association
Warren County Bar Association


Anthony is a lifelong Cincinnati resident.  After graduating from Indian Hill High School, he was accepted into Miami University’s Honors Program where he remained a four year member. He was privileged to enroll at the University of Dayton School of Law on scholarship, where he both competed on and coached the Moot Court Team. 

Anthony lives with his wife, Carolyn, and two children in Mason. They are members of St. Susanna Church in Mason and are active in their community. Anthony enjoys golf, tennis, and running, having trained for multiple marathons with Team in Training – the world’s largest endurance sports training program. His community service involvement includes marathon coaching and training, as well as advising local high school and collegiate mock trial teams.