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Trademark Exploitation on the Internet

By Jonathan Bick
December 01, 2003

While the Anticybersquatting Consumer Protection Act, 15 U.S.C.S. '1051, adequately addresses the legal difficulties associated with bad faith registration of trademarked names by non-trademark holders, e-exploitation of trademarks is still a problem for trademark holders.

Unlawful e-exploitation of trademarks arises in a number of ways outside of cybersquatting from the use of the Internet to infringe and dilute traditional trademarks.

In the case of unlawful e-exploitation of trademarks, as it is in the case of traditional unlawful trademark exploitation, the threshold question is whether there is a likelihood of confusion and whether there is dilution. Unfortunately, these questions are difficult to answer simply by applying traditional trademark doctrines.

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