The Internet and your Trademark

There are many important aspects of trademark law that can be applied in cyberspace. False advertising claims can be brought online so remember to be just as careful about what you say regarding your products and those of your competitors as you would normally. Using your trademark on the internet could constitute as use in commerce depending on how exactly it is used. It must still be used as indicator of source on your goods or services. Using your trademark in an internal fashion such as a keyword purchase or sponsored content may not be enough to show use in commerce. Likelihood of confusion and dilution can be found for marks used on the internet with the same standards as normal being weighed. However, the internet as a marketing channel must be taken into account and can add factors like initial interest confusion. Initial interest confusion occurs when consumers are attracted to a website that is using a registered trademark. This diverting of traffic can infringe on the rights of the trademark owner. The use of the internet is essential to success in this day and age and knowing your rights and responsibilities as a trademark owner in the digital age is imperative.

This blog is not legal advice and is not specific to your application. You should always consult an attorney.