Trademark Law And The Internet

The Internet Age has dramatically increased the importance of intellectual property rights. Disputes over domain names, shared music files, spam and cybersquatting are only a few examples of the matters now prominent in the news. Mark V.B. Partridge, a seasoned lawyer who advises major corporations on these issues everyday, explains in the articles collected in Guiding Rights the laws and principles shaping these important rights. Partridge's writing is clear and direct, emphasizing the fundamental principles that provide a firm foundation for the core concerns of copyright and trademark law. He also shares practical tips gleaned from many years of experience on how to avoid pitfalls and achieve success in litigation. By avoiding legalese or detailed statutory construction, Partridge quickly identifies the key points necessary for anyone desiring a better understanding of the law guiding the rights of authors, business and entrepreneurs on the Internet. Lawyers and non-lawyers alike will profit from this useful collection.

"The internet provides the most effective means of communication known to man and so confronts organizations with tremendous opportunities and also considerable challenges. Providing a concise and well-referenced resource to many of key issues involved on the internet, Canada's Internet Law in a Nutshell explores the inherent tensions between freedom of expression and other values such as the protection of reputation, and commercial speech. The text also examines the tensions between the ease of copying of digital files and the concerns of copyright owners. The text covers many key legal issues confronting conduct occurring on the internet including a deeper focus on issues pertaining to matters such as copyright, privacy, defamation and internet marketing, trademark and domain names, electronic commerce, the Anti-Spam legislation, and introduces key issues concerning other topics such as social media and cloud computing."--Pub. desc.

Legal conflicts between trademark holders, social media providers and internet users have become manifest in light of wide scale, unauthorised use of the trademark logo on social media in recent decades. Arguing for the protection of the trademark logo against unauthorised use in a commercial environment, this book explores why protection enforcement should be made automatic. A number of issues are discussed including the scalability of litigation on a case-by-case basis, and whether safe harbour provisions for online service providers should be substituted for strict liability.

At present, neither UK trade mark law nor English common law principles provide a basis to hold internet intermediaries liable for trade mark infringements. This book considers reforms aimed at gaps in the existing legal framework. This book also examines alternative remedies, such as notice and takedown and injunctions.

Report addresses the far-reaching impact that digital technologies-- the Internet in particular-- have had on intellectual property (IP) and the international IP system.

Witnesses include: Rep. Howard Coble, Chmn., House Subcommittee on Courts and Intellectual Property; Gabriel A. Battista, CEO, Network Solutions, Inc.; Michael K. Kirk, Exec. Dir., Amer. Intellectual Property Law Assoc.; Hon. Bruce A. Lehman, Assist. Sec. of Commerce and Commissioner of Patents and Trademarks, Patent and Trademark Office, U.S. Dept. of Commerce; David Stimson, Pres., Int'l. Trademark Assoc.; Douglas Wood, Exec. Partner, Hall, Dickler, Kent, Friedman and Wood, for the Coalition for Advertising Supported Information and Entertainment (CASIE); and John Wood, Senior Internet Consultant, Prince, PLC.

The term ‘intellectual property’ has come to include numerous intangible rights beyond the traditional ‘Big Three’ (patent, trademark and copyright) – rights that force us to reconsider and maybe also change the object and purpose of intellectual property (IP). Not only do these rights generally have less solid normative footing and few if any well understood inherent limits, but the borders of their misappropriation are hard to draw. This groundbreaking book scrutinizes the existence of commonalities in this realm, and poses the question of what risks and advantages accrue to such IP or ‘IP-like’ rights. Sixteen distinguished contributors offer in-depth analyses of such rights as the following: - trade secrets; - image and publicity rights; - geographical indications; - traditional knowledge; - protection of databases; and - sports rights and ambush marketing. Recommendations and solutions investigated include the use of specialized courts or judges and of private standards. There are also thoughtful considerations of practices such as forum-shifting and an analysis of the special value of evolving Chinese law as a ‘norm laboratory’. Two chapters discuss the complexities of enforcement. Enforcement impacts substantive intellectual property and can be said to be its own ‘form’ of IP. Practitioners, judges, academics, and policymakers will all welcome this work and value it highly. Its contributors collectively take a giant step toward clarifying and synthesizing one of the most baffling areas of current law both internationally and at national level around the globe.