Vol. 4, Issue 2 (2018)
Trademark trafficking in cyberspace
Author(s): Shubham Adhikari, Shashank Tyagi
Abstract: Unimaginable growth of the Cyberspace raise the various thought in trademark related issues arises in it. Many of the issues are solved by the traditional notion of trademark law, where as the other present thornier questions requiring greater sensitivity for the effecting marketing in internet. The cyberspace trademark issue that continues to get the most press is the domain name controversy. Is a domain a trademark? When does use of a domain infringe trademark rights? If someone else registers a company's name or trademark as their domain, what can the company do? Beyond domains lie the vast array of trademark issues that ultimately are likely to be more important than domain disputes. Questions of what constitutes use, and abuse, of trademarks in cyberspace are exploding along with the web. In addition to garden variety trademark enhancement and policing concerns that take new shapes on the Internet, companies must be vigilant in avoiding trademark dilution and think twice before linking to other sites or permitting others to link to the company's site using company logos. Attempting to police trademark rights in cyberspace can be a daunting, but infinitely interesting, task.