Trademark and the Internet

Internet traffic is growing faster than any other information medium in history. Recent statistics indicate that more than 35,000 people obtain internet access every four months.

Through the medium of the World Wide Web, commerce has become a main focus of internet traffic. Now, cyber-malls are appearing at a rapid pace allowing people to purchase everything from software, toys and games to automobiles and homes. As a direct result, many legal issues have arisen with regard to the new and rapidly growing communication network.

What is the Internet?

The term "internet" refers to a network of lines originally developed for military communication. The "World Wide Web" refers to the form of communication which occurs across this network allowing users to see graphic color, hear sound and exchange information. It also allows users to place information on the internet which is accessible to anyone with internet access. The location of this information is called a "web site."

A web site may provide a personal biography, a company advertisement, or newsworthy information. The popularity of the internet and its rapid growth is primarily due to it's user friendly nature. All you really need to operate on the internet is a computer with a modem and a finger for pressing keys.

Commerce on the Web

Every computer connected with the internet and every web site has an address which is referred to as an IP address. This is essentially a group of numbers separated by decimals which may look something like 2233.432.757.209. Companies, however, usually seek to convert those numbers into a form that more recognizable and memorable. This is called a "Domain Name." For example, The Beaulier Law Office might have the domain name of "beaulier.com." (Catchy, isn't it! ). In fact, for this web site we use several domain names for each different area of law. We use http://www.criminal-law.tv, http://www.criminal-defense.tv, http://www.workvisalawyers.com and others.

Domain names may be registered with on a first-come first-serve basis. We recommend that you click Home Page Names for your domain name registrations.

The registration of domain names raises many difficulties with regard to trademarks and trademark infringement.

Domain Names and Trademarks.

Imagine that you are Fisher Price Toys. You obviously will want to reach the consumer to sell toys. As a result, you seek to register a domain name which allows consumers to find you easily. To do so, you register "fisherprice.com." However, what if in registering that domain name you discover that your name has been taken by Bob Price who provides fishing guide services in Hibbing, Minnesota.

Additionally, trademark issues arise from the structure of current trademark laws. The same trademark may be given to different companies in different geographic locations. However, on the internet, any web site has World Wide accessibility. That means when people in Japan, the United States and Asia enter the same domain name, they view exactly the same text and images. This raises two questions:

Page 1 of 2 :: First | Last :: Prev | 1 2 | Next