Rethinking Cyberlaw

Rethinking Cyberlaw

A New Vision for Internet Law

Rethinking Law series

Jacqueline Lipton

The rapid increase in Internet usage over the past several decades has led to the development of new and essential areas of legislation and legal study. Jacqueline Lipton takes on the thorny question of how to define the field that has come to be known variously as cyberlaw, cyberspace law or Internet law. Unlike much of the existing literature, this book tackles the question with the benefit of hindsight and draws on several decades of legal developments in the United States and abroad that help illustrate the scope of the field.

Chapter 3: Digital trademark law

Jacqueline Lipton

Subjects: innovation and technology, technology and ict, law - academic, information and media law, internet and technology 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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