Chapter 3: Digital trademark law
This chapter compares online intermediaries’ role in copyright infringement with the trademark law context. It compares American and European approaches to primary and secondary liability for trademark infringement and dilution in the context of online intermediary practices. The practices of search engines and online retailers come under particular scrutiny here, and the chapter examines reasonable practices that may be employed to excuse such intermediaries from infringement or dilution liability. The relationship between trademarks and Internet domain names is examined and the role of the Internet Corporation for Assigned Names and Numbers (ICANN) in the regulation of trademark disputes involving domain names is discussed.
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