Trademark law and the internet essay

Trademark Law and the Internet

Two bounding felines [4]. Thus, the burden is on each mark owner to never stop using his mark in the area in which he wishes to maintain a protectable right. The Anti-Cybersquatting Consumer Protection Act of ACPA is a federal law that is intended to protect trademark owners from those who obtain domain names, in bad faith, that are identical or confusingly similar to a trademark.

The court held that Gallo had established that the defendants had violated the Texas Antidilution Act. There, the plaintiff enjoyed substantial business and goodwill in Philadelphia and the surrounding counties in Pennsylvania and New Jersey, providing services to patients in the Trenton area and the Southern Jersey shore area.

Since there are no Trademark law and the internet essay on point regarding the market penetration of Internet marks, courts will have the opportunity to make this analogy as well. Metcalf were decided, and it remains a fundamental necessity today.

This, in theory, would leave no geographical rights for the federal registrant, whose mark is supposed to be afforded nationwide protection by virtue of the Lanham Act.

The number of people gaining access to the Internet is supposed to double every year, which in turn, should also double the viewing audience. In fact, expanding into Springfield is probably inevitable, especially as more and more people acquire Internet access.

It is important to understand, however, whether common law marks are even capable of being used on the Internet in the first place. So the Supreme court set out the doctrine of contributory trademark infringement in Inwood Labs Inc.

Legal Information Institute, n. The modern common law tort of passing off is quite different, being comprised of three elements as advocated by contemporary opinion: Approximately six months after the Gallo lawsuit was filed, Spider Webs published a website on the disputed domain name that discussed the lawsuit, the risks of alcohol consumption, and alleged misrepresentations by corporations.

Search engines, auction sites that facilitate transactions involving infringing products, and credit card companies involved processing payments for such products, can be considered as examples of these parties.

The central question here is whether a reputation has been acquired, regardless of the shortness of time. Interestingly, many of these cases were eventually decided in accordance with state and federal Anti-Dilution statutes, as opposed to traditional infringement laws.

The limited partnership registered over domain names, of which approximately contained names that were associated with existing businesses and landmarks. It does not seem very relevant what the distance is between Boston and Los Angeles, or the rate of expansion to get from the first location to the second, when one is talking about a medium of communication that has no territorially based boundaries.

As most people in the trademark business know, these trademark cases have largely been focused around domain names. The plaintiffs applied for a declaration of invalidity under s. A crocodile which faces left and a crocodile which faces right [2]. These two exceptions provoke interesting, yet unanswered questions with regard to common law mark usage on the Internet.

The criteria for registration under this Act has been widely criticised as being too complex and unduly restrictive [25]plagued by obscure drafting [26] and unclear over the consequences for non-registration [27].

Assuming the contentions in Parts I and II are true, there is no reason why it would not have. Should this suggest that his rate of expansion was too quick?

In a case, the domain wallstreet. The mark can be fanciful, arbitrary, suggestive, descriptive, or generic. A valid trademark can become generic if the consuming public misuses the mark sufficiently for the mark to become the generic name for the product, this occurred with aspirin.

Part III will address the Natural Expansion Doctrine, how it is applied to common law marks, and what impact the Internet might have upon this doctrine.

Similar to tangible property, intellectual property which is an intangible property is also protected by the law. To address the issue, this essay suggests that courts have to be willing to apply the four factors set forth above as they are normally applied to traditional NED cases.

The challenge, therefore, is how to reconcile a dispute over conflicting territorial rights, for a federally registered mark is protected nationwide, and thus will always overlap the limited geographical area in which the common law mark also has rights.

This case also deals with the Texas Antidilution Statute which is designed to protect trademarks from being "watered down. Chances are, they will find it quite useful. If he can do this, his mark should be enforceable in the relevant market area. With the ever-present chance of infringement, this is not a risk that a common law mark holder can afford to take.

These factors help a court to determine whether a trademark user has a protectable zone of expansion, consisting of those areas that the user is reasonably likely to penetrate through actual use.

This Act, as Bently and Sherman note, allowed the assignment of marks separate from the good will of the business. The ACPA requires that the defendants showed bad faith in the registration of the domain name as well as being confusingly similar in nature to the trademark.

This Project will address the application of both of these aspects of Trade Mark law in the UK specifically to the fashion industry.

IPC contended that the application should be refused inter alia under s. In time, these types of cases will find there way into courts, and there will emerge new case law for trademark attorneys to digest.Free Essay: The Internet and Intellectual Property Laws With the emergence and growth of the internet, intellectual property laws are much harder to enforce.

This essay has been submitted by a law student. This is not an example of the work written by our professional essay writers.

Intellectual property

What is a trademark? In order get a trademark you must get in contact with the American government and organization that handles trademarks. That organization is the United States Patent and Trademark Office, and is under the United States Department of Commerce/5(4).

WritePass - Essay Writing - Dissertation Topics [TOC]IntroductionLiterature ReviewExplanation of the legal positionCritical reflectionConclusionMy Recommendations:ReferencesRelated Does UK Trademark law offer enough protection for Fashion Brands?

Introduction Alligator and Crocodile[1]. A crocodile which faces left and a crocodile which faces right[2]. {7}Any theory offered to prove how the Internet might affect common law trademark rights depends upon a consensus that common law marks can, in essence, be utilized on the Internet.

If they couldn’t, the purpose of this essay would be futile. Trademark Law and the Internet Essays: OverTrademark Law and the Internet Essays, Trademark Law and the Internet Term Papers, Trademark Law and the Internet Research Paper, Book Reports.

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