With the rapid expansion of the Internet and growth of e-commerce, web-related trademark issues are also on the rise. These issues include domain name registration and use, so called “cyber-squatting,” and the use of trademarks as metadata and/or key words in Internet advertising and search engines. The courts are currently grappling to apply trademark law, both old and new, to these issues, and new issues continue to develop as the digital landscape evolves.
For example, suppose you perform an Internet search using a trademark as a search term. Does the search engine’s presentation of a sponsored advertisement for another company constitute an infringing use of that trademark? Consumers may be confused, believing that these advertisements come from or are sponsored by the trademark owner. Any level of confusion may cause the user to consider a competitor’s goods or services.
On the other hand, use of third-party trademarks for purposes such as comparative advertising, resale, and criticism may be exempted from infringement as “fair use.” Generally, most courts find that these cases constitute non-exempted trademark use, but the decisions vary substantially in terms of whether such uses are likely to cause confusion, therefore resulting in trademark infringement. These and other Internet-related trademark issues continue to challenge the public, lawyers, and the courts.
To find out more please access our IP Primer page.