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Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2012

Journal

The Journal of Business, Entrepreneurship & the Law

Trademark infringement

Articles 1 - 2 of 2

Full-Text Articles in Law

Abolish Trademark Law's Initial Interest Confusion And Permit Manipulative Internet Search Practices, Priya Singh Jan 2012

Abolish Trademark Law's Initial Interest Confusion And Permit Manipulative Internet Search Practices, Priya Singh

The Journal of Business, Entrepreneurship & the Law

This article discusses trademark law’s doctrine of initial interest confusion, which is currently applied to Internet cases. First, it argues that the doctrine is problematic because it does not require the traditional showing of likelihood of confusion, it is superfluous, and it is unnecessary in the Internet context. Second, it proposes that courts should instead rely on the likelihood of confusion analysis. Additionally, courts should acknowledge that metatags are an outdated issue, and, when it comes to domain names, they should make use of the Anticybersquatting Consumer Protection Act (“ACPA”).


Playboy, Contact Lenses, And Trademark Infringement: An Analysis Of Possible Claims As A Result Of Pop-Up Advertisements, Ashley A. Locke Jan 2012

Playboy, Contact Lenses, And Trademark Infringement: An Analysis Of Possible Claims As A Result Of Pop-Up Advertisements, Ashley A. Locke

The Journal of Business, Entrepreneurship & the Law

No abstract provided.