Document Type
Note
Abstract
The Internet is a relatively new way to conduct commercial exchanges. In the span of a little more than five years, the Internet has gone from a curiosity to a necessary component of any business plan. Electronic commerce (e-commerce) on the Internet has developed so quickly that it has left the law lagging behind. The result is that courts are increasingly faced with Internet related problems that are not only beyond their technical understanding, but also strain traditional legal doctrines.
One example of this is the application of trademark infringement doctrine to e-commerce. Trademarks can be used in e-commerce in a variety of ways. A trademark could be used as part of the domain name of a web site. A trademark could also be used on the face of a web page. Finally, one could use a trademark in the metatags of a web page.
One of the issues this Article seeks to address is whether, in any of these three instances, the holder of a trademark has a claim for contributory infringement against an Internet Service Provider (ISP) that gives the infringing party access to the Internet. The second issue this Article addresses is whether allowing contributory infringement suits against ISPs is good public policy. Part II of this Article will explain how the Internet works and the application of trademark infringement law to the use of trademarks in e-commerce. Part III will discuss contributory infringement. Finally, Part IV will discuss the public policy implications of allowing suits for contributory infringement against ISPs.
Recommended Citation
Brian D. Kaiser,
Contributory Trademark Infringement by Internet Service Providers: An Argument for Limitation,
7 J. Tech. L. & Pol'y
(2002).
Available at: https://scholarship.law.ufl.edu/jtlp/vol7/iss1/3