It should strike no one as a surprise that the fluidity of using trademarks on the Internet expands the incidence of trademark-infringement claims and lawsuits. And along those lines, novel Internet trademark claims spring from the innovative but unlawful use of trademarks in e-commerce. Logically, then, it follows that Internet domain names, hyperlinks, meta tags and framing marks enlarge the number of trademark-infringement opportunities.
While it’s true that as an information conduit, the Internet reduces the likelihood of confusion by allowing the buyer to approach an online purchase with more sophistication, the technology also bolsters the likelihood of confusion among consumers using the Internet by allowing new, unlawful uses of trademarks. Also, the traditional use of a mark on the Internet (to identify the source of goods) is likely to amplify certain trademark characteristics, including:
- The strength of a mark;
- The proximity of the products or services to a geographical location; and
- Actual confusion.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
