The Use of Trademarks in Cyberspace: Legal Aspects
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Abstract
The main purpose of the article – to analyze legal problems related to the use of trademarks in cyberspace. The developments of cyberspace have given rise to an unprecedent economic and social changes, but they also have other side: the emergence of new legal problems. The author points to the unique features of cyberspace. The present work deals with some legal regulation problems of use of trademarks in cyberspace.
A trademark is a way of distinguishing one person's product or service from that of another person. Trademarks protect the goodwill and reputation associated with a product or service. Unlike other forms of intellectual property, rights in trademarks arise only upon their use, rather that upon their creation. Trademarks are major commercial instruments that play an important role in the electronic market place. However, in cyberspace the trademark owner is faced by severe difficulties in controlling the legitimate use of his trademark. Because trademarks are so valuable it is inevitable that there will be disputes relating to their use in cyberspace. Trademarks are possibly more valuable in cyberspace that elsewhere. Disputes relating to cyberspace can be devided into several types.
In the first part of the present article legal problems, related to trademarks are briefly discussed. The problems arises from the basic principles of trademark law and the nature of cyberspace. Beside other legal problems, this part undertakes a survey of trademark issues connected with the registration and use of domain names. For example, since two or more businesses may be using the same trademark in a legitimate manner, the issue arises as to which entity is entitled to use the trademark as a part of its internet address. Also, it is not clear whether the placement of a trademark on the internet is „use“ for trademark purposes. A futher issuse is whether trademark use would be found to infridge rights in each jurisdiction from which a user may access the web site. Other legal problems, related to the use of trademark in cyberspace, are discussed too.
In the second part the international experience and the experience of foreign states are studied in the field of use of trademarks in cyberspace. The author analyses application of international and foreign legal acts. Also decisions of foreign courts are studied. In the third part the provisions of Lithuanian laws related to use of trademarks in electronic form are studied. At the end of the present work the conclusions are presented.
A trademark is a way of distinguishing one person's product or service from that of another person. Trademarks protect the goodwill and reputation associated with a product or service. Unlike other forms of intellectual property, rights in trademarks arise only upon their use, rather that upon their creation. Trademarks are major commercial instruments that play an important role in the electronic market place. However, in cyberspace the trademark owner is faced by severe difficulties in controlling the legitimate use of his trademark. Because trademarks are so valuable it is inevitable that there will be disputes relating to their use in cyberspace. Trademarks are possibly more valuable in cyberspace that elsewhere. Disputes relating to cyberspace can be devided into several types.
In the first part of the present article legal problems, related to trademarks are briefly discussed. The problems arises from the basic principles of trademark law and the nature of cyberspace. Beside other legal problems, this part undertakes a survey of trademark issues connected with the registration and use of domain names. For example, since two or more businesses may be using the same trademark in a legitimate manner, the issue arises as to which entity is entitled to use the trademark as a part of its internet address. Also, it is not clear whether the placement of a trademark on the internet is „use“ for trademark purposes. A futher issuse is whether trademark use would be found to infridge rights in each jurisdiction from which a user may access the web site. Other legal problems, related to the use of trademark in cyberspace, are discussed too.
In the second part the international experience and the experience of foreign states are studied in the field of use of trademarks in cyberspace. The author analyses application of international and foreign legal acts. Also decisions of foreign courts are studied. In the third part the provisions of Lithuanian laws related to use of trademarks in electronic form are studied. At the end of the present work the conclusions are presented.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
