Internet Trademark Law

Laws are often a step behind technology, causing rules and regulations to change and grow over time. Internet trademark law is still a relatively new area, and the regulations and policies regarding Internet trademarks can often be difficult to enforce due to the elusive nature of the world wide web. Generally, Internet trademark law relies on the idea of a "likelihood of confusion" regarding trademark infringement. The idea of a likelihood of confusion can refer to the assumption that a web browser might conclude that a trademarked item is associated with a specific entity, website, etc. If a third party unlawfully uses a trademarked image or other item in a way that may cause a web surfer to wrongly associate the trademarked item with the third party, a trademark infringement may be assumed. Often a simple note explaining the trademark infringement is enough to clear up the matter, however in other cases a formal cease and desist letter or further legal action may be necessary.

Fast Facts

  • Mattel, Inc. registered the largest number of trademarks in 2008, with 635 registrations.
  • 42% of civil Intellectual Property complaints filed in U.S. district courts in 2002 were trademark suits.

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