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Initial Interest Confusion: Standing At The Crossroads Of Trademark Law, Jennifer E. Rothman Oct 2005

Initial Interest Confusion: Standing At The Crossroads Of Trademark Law, Jennifer E. Rothman

All Faculty Scholarship

While the benchmark of trademark infringement traditionally has been a demonstration that consumers are likely to be confused by the use of a similar or identical trademark to identify the goods or services of another, a court-created doctrine called initial interest confusion allows liability for trademark infringement solely on the basis that a consumer might initially be interested, attracted, or distracted by a competitor's, or even a non-competitor's, product or service. Initial interest confusion is being used with increasing frequency, especially on the Internet, to shut down speech critical of trademark holders and their products and services, to prevent comparative …


Internet Technology In 2010: The Issue Of Ipv6 Adoption In The U.S.A., Garry L. White, Jaymeen R. Shah, James R. Cook Jan 2005

Internet Technology In 2010: The Issue Of Ipv6 Adoption In The U.S.A., Garry L. White, Jaymeen R. Shah, James R. Cook

Journal of International Technology and Information Management

Computer industry literature suggests that IPv4 Internet addresses are likely to have been depleted by the year 2010, and at least Asia and Europe will be using the new IPv6 Internet addresses. Literature also suggests that the U.S.A. is lagging behind Asia and Europe with the implementation of IPv6. Empirical data supporting the fact that the U.S.A. is lagging behind is not available in the literature. This paper presents the issues regarding IPv6, reasons why Asia and Europe are implementing IPv6, and why the U.S.A. is lagging behind. Empirical data is presented to support the literature’s suggestion that the U.S.A. …