Trademarks And The Internet: The United States' Experience
January 2007
in “
Texas A&M Law Scholarship (Texas A&M University School of Law)
”
TLDR Trademark law evolved to address online misuse and now seeks balance for fair use.
The article examined the evolution of trademark law as applied to the Internet in the United States, focusing on three distinct periods. Initially, from 1996 to the early 2000s, courts adapted trademark law to address bad faith actors exploiting the Internet's frontier period. As the Internet matured, the focus shifted to good faith defendants, with courts attempting to balance the overreach of earlier decisions. The article concluded with reflections on future directions for trademark law in the digital age.