Cardozo Law Review
Abstract
Is the unauthorized use of a famous trademark as an Internet address infringement? In other words, to what extent may an individual, business, or corporation use another's trade or service mark. The Lanham Act prohibits the use of "any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services ... [which] is likely to cause confusion" as to the source of the goods or services in question. This Note examines whether the Lanham Act, in its current form, can be used to enjoin the unauthorized use of a famous trade or service mark as an Internet address. Part I of this Note provides background information regarding the Internet and presents three distinct fact situations raising trademark issues involving Internet addresses. Part II provides a brief discussion of the legislative history of the Lanham Act. Part III examines Lanham Act case law and cases involving analogous situations that could provide guidance to examine the extension of trademark protection to Internet addresses. Part IV concludes that the Lanham Act, in its current form, cannot adequately protect trademark holders against the unauthorized use of their famous marks as Internet addresses. Part IV then proposes that the Lanham Act be amended to incorporate an anti-dilution provision.
Keywords
Antidilution Laws, Business and the Law, Dilution Laws, Intellectual Property Law, Internet, Trademarks
Disciplines
Intellectual Property Law | Law | Science and Technology Law
Recommended Citation
James W. Marcovitz,
ronald@mcdonalds.com - “Owning a Bitchin’ ” Corporate Trademark as an Internet Address - Infringement?,
17
Cardozo L. Rev.
85
(1995).
Available at:
https://larc.cardozo.yu.edu/clr/vol17/iss1/5