INTERNET JURISDICTION: THE GLOBAL ISSUE OF LIABILITY FOR TRADEMARK INFRINGEMENT ON THE WEB

摘要

More and more companies are using the Internet as a tool for promoting, marketing, advertising, and selling goods and services. This widespread use of the Internet for commercial purposes and the potentially limitless ability of the Internet to reach people raises important questions regarding Internet jurisdiction and the extent to which use of the Internet exposes companies to liability for trademark infringement in far away jurisdictions. Can a U.S. company be sued for trademark infringement in another country if it has a Web site that is operated and maintained in the United States? If a foreign court holds that a U.S. company is liable, will a U.S. court enforce such a judgment? Conversely, can a U.S. company successfully sue a foreign company for trademark infringement based on the foreign company's Web site if the foreign company's Web site is operated outside the United States? How can a company limit its exposure to liability in foreign jurisdictions?