Trademarks on the Internet: Fair Play or Fair Game?

摘要

When it comes to use of trademarks on the Internet, it's all about fairness — fairness to the trademark owner, to the consumer, to competitors, and to purveyors of Internet searching and other services. Fairness has always played a role in determining whether use of a trademark has crossed the line and become unlawful. The test for trademark infringement typically mirrors the test for unfair competition, and the phrase "unfair competition" itself underscores the fact that only certain "unfair" types of competition are prohibited. Furthermore, there is a recognized "fair use" defense to trademark infringement.