Internet trademark infringement is pervasive in the modern era. Whether it occurs in a domain name, in meta tags, or in keyword advertising, Internet trademark infringement can cause confusion in the marketplace and allow competitors to divert valuable traffic from your website or brand. Thankfully, there are many remedies for Internet trademark infringement.
For domain name trademark infringement, complainants may use the Uniform Domain Name Dispute Resolution Policy to recover a domain name that has been registered in bad faith. Alternatively, plaintiffs may use the Anticybersquatting Consumer Protection Act to obtain damages of up to $100,000 per domain name for cybersquatting.
For meta tag infringement, plaintiffs may use the Lanham Act, the federal trademark act, to assert a claim of trademark infringement and to obtain damages. Additionally, a plaintiff may claim under the Lanham Act and state law for unfair competition, which prohibits passing off and false designations of origin.
For keyword advertising infringement, plaintiffs may use the Lanham Act to assert a claim of trademark infringement. The case law concerning keyword advertising infringement claims have been in flux over the years, and most jurisdictions now allow claims only for the use of a trademark in ad text, not simply the use of a trademark to trigger an ad.
If you are facing Internet trademark infringement, contact the Internet trademark infringement lawyers at Revision Legal at 855-473-8474.
The answer to this question is complex and nuanced. In the last decade or so, it has become fashionable to insist there is some stark dichotomy between what a trademark is and what a brand is. But the difference is not as stark as some marketers would like you to believe. The traditional definition of […]
Read more about Is a “Trademark” the Same Thing as a “Brand”?
The Circle R and the TM symbols both relate to trademarks and both can be physically placed on products, packaging, advertising materials, websites, etc. The Circle R symbol is an “R” enclosed in a circle (®). While both are trademark-related symbols, there are different eligibility requirements for use, meanings, and implications. Here is a quick […]
Read more about Trademarks: What is the Difference Between the Circle R and TM Symbols?
E-commerce businesses must comply with federal and State-level advertising laws and regulations. This is true of any business. But e-commerce businesses face special challenges because there is a whole array of potential methods of innocently, accidentally, or intentionally violating advertising laws. These include the potential to engage in false and deceptive advertising practices, such as […]
Read more about Is Your E-Commerce Advertising in Compliance With Existing Laws?