Rethinking Cyberlaw
Show Less

Rethinking Cyberlaw

A New Vision for Internet Law

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.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 3: Digital trademark law

Jacqueline Lipton


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.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.