Keywords and Infringement of Trademark in Cyberspace

Authors

  • Akshay Bajpai AMTAG Global, Bhopal, Madhya Pradesh, India

Keywords:

Technology, Internet, Trademark, Social Media

Abstract

In this digital age trademark protection has become increasingly difficult from past couple of years because of introduction of advanced technology which makes company’s marks more challenging to protect in this environment, which also happens due to the broadening use of the internet and social media platforms. While, this creates a much more challenging conditions faces by the various business identifiers as many disputes were arising in this field. In most cases, trademark dilution involves an unauthorized use of another's trademark on products that do not compete with, and have little connection with, those of the trademark owner. For example, a famous trademark used by one company to refer to hair care products might be diluted if another company began using a similar mark to refer to breakfast cereals or spark plugs.

Author Biography

  • Akshay Bajpai, AMTAG Global, Bhopal, Madhya Pradesh, India

    Akshay Bajpai

    Scholar,

    AMTAG Global, Bhopal, Madhya Pradesh, India

     

References

1. Trademark Infringement in Cyberspace’ by Karen Roberts and Robert Neller(.pdf)

2. ‘Infringement & protection of trademarks in cyberspace’ (.pdf), by Rami Olwan E - commerce & Internet legal consultant

3. ‘trademark’ as per defined in section 2(1) (zb), of Trademark Act, 1999

4. ‘mark’ as per defined in Section -2(1)(m), of Trademark Act, 1999

5. http://cyber.law.harvard.edu/property99/d omain/

6. Trademark Protection in the Digital Age (.pdf), by Bradley S. Shea r, Law Office of Bradley S. Shear, LLC (Association of Corporate Counsel)

7. RESTATEMENT (THIRD) OF UNFAIR COMPETITION § 17 cmt. a (1995).

8. Elvis Presley Enters., Inc. v. Capece, 950 F. Supp 783, 792 (S.D. Tex. 1996) (“‘The more deeply a plaintiff’s mark is embedded in the consumer’s mind, the more likely it is that the defendant’s mark will conjure up the image of the plaintiff’s product instead of that of the junior user.’” (quoting Hormel Foods Corp. v. Jim Henson Prods., Inc., 73 F.3d 497, 503 (2d Cir. 1996))).

9. Internet Trademark Case Summaries, Finnegan. http://www.finnegan.com /AH-Sportswear-Co-v-Victorias-Secret- Stores-Inc-01-01-2001/

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12. Gayle Weiswasser, Domain Names, the Internet, and Trademarks: Infringement in Cyberspace, vol.20 Santa Clara Computer & High Tech. Issue-1, Article 8, 2004

13. Consumer Issues, Deceptive Trade Practices (e -notes). http://www.enotes. com/consumer-issues-reference/deceptive- trade-practices Cite this Article Akshay Bajpai . Keywords and Infringement of Trademark in Cyberspace . 2019; 2(1): 43–48p.

Published

2019-08-07

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