Dilution is remedy for Internet mark misuse; new dilution statute has helped plaintiffs win suits over domain names, hyperlinks, metatags
Article Abstract:
The usefulness of the trademark dilution doctrine against violators in the US arena might not hold true in the international scope of the Internet, and the courts have yet to consider applying the US dilution statute in this context. Trademark owners cannot realistically stop every Internet occurrence of their marks, but should try to determine if the intent is to confuse the consumer or abuse the trademark owner's rights. If such abuse happens, dilution may provide a remedy.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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New dilution act used to evict 'cybersquatters;' courts have ruled that owners of famous marks are entitled to those marks in domain names
Article Abstract:
The Trademark Dilution Act of 1995 provides a remedy for owners of well-known trademarks when other parties have used this trademark as a domain name. Several anti-dilution cases which reached the courts in 1996 proved the effectiveness of this law. Whether parties whose marks have been diluted go to court is a business decision. Sometimes paying the diluter may ultimately be cheaper. The statute is useful for those who decide to sue.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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Trademark law, Anticybersquatting Act
Article Abstract:
The Anticybersquatting Consumer Protection Act, which made several changes to the Lanham Act in domain-name trademark cases, is discussed.The courts' prime difficulty in such cases is determining whether defendants committed trademark infringement or dilution.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
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