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Understanding the Trademark Infringement Debate

Cyberspace offers a heap of fortune for every individual who run his e-business. It also explores diverse ways for the business establishments to glorify their reach among the masses. Adapting the legitimate and right ways to publish and advertise the online businesses is the only way to get noticed on the cyber ramp.

Since the internet is now emerging as the most popular tool to let your business flourish every moment, indulging in the online malpractices are now prevailing the arena. Several illegitimate tips and tricks are nowadays dominating the space of online business and If I am not wrong, trademark infringement or trademark copy writing issues are rampant one.

What infringement all about:

Let me set a brief definition. Trademark infringement happens when an individual or a company violates the trademark rights of another individual or company. If seeing in wider prospective, infringement occurs when a third party uses the popular and well- established trademark(s), domain names and other affiliate programs of another user or business without permission of the trademark holder. Now the story moves. In case, the trademark holders notice the violation, they can go ahead with the litigation process through various trademarks acts established. Using third party trademarks as keywords in search engines like Google, Yahoo, MSN for the advertising purposes is counted as illegal.

Activities that fall in infringement category:

In online marketplace, a number of activities are considered as the infringement. For an instance, using keywords for SEO purposes that resembles competitor's brand name is an unlawful activity under the cyber law. Domain name infringement is very primary complaint recorded in the scenario of infringement. In this case, some one uses an established trademark as their brand name to divert the traffic to their sites. An infringement analysis can be done if your domain is suspected to execute some of the following activities for establishing your online presence:

  • Domain name contains trademark, logo or image already registered
  • Pronunciation used seems very similar to some registered trademarks as Pepsi and Pep-C
  • Tag lines are used illegally

Google sets an example:

Let me remind you a very interesting yet eye-opening case study when Google pulled a number of notorious online business players in the logjam of infringement battle. Google filed a cyber law suit against the numerous domain owners who run fraudulent Google Money schemes to make people learn how to make money with Google. The lawsuit accuses the infringing parties against Trade mark infringement, Misleading advertisement and monetary Fraud. Google has specifically mentioned a number of domains to be sued under cyber law and infringement acts. These domains include:

google-money-master.com
google-money.net
google-moneyblog.com
google-moneytree.com

2 comments:

Unknown said...

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Unknown said...

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