Trademark Use Doctrine - Ground on Internet Keywords Adversity
Shih Chieh Wang
affiliation not provided to SSRN
February 4, 2009
Technological innovations, incredible marketing strategies and forming consumer habit have been shaping the form of trademark use for centuries. The way people use information and purchase merchandise is also changing in the internet. Companies need to seek a new marketing strategy advertising their products so as to break through information flow; and keyword advertising is regarded as an effective way to solve the obstacle. The core issue, however, in Trademark Law, about what is trademark use, once again be brought forth into light.
United States Federal Courts have never articulated a standard for trademark use, nor addressed whether selling keyword advertising falls into the scope of trademark use in the pre-internet age. In this article, however, we can see courts strike down a doctrine of trademark use which is drawn in Lanham Act. The Courts expand definition of "A mark is used in commerce" to the field of trademark use doctrine as, "in connection with services when it is used or displayed in the sale or advertising of services and the services are rendered in commerce." And keyword advertising is merely a measure of competition which selling and buying keyword advertising is not deemed as trademark use.
Strong international trademark protection has unevenly influenced national trademark regulation. Since national trademark rules share a common source, Taiwanese Trademark Law might vary the definition of trademark use as well as Taiwanese courts.
Number of Pages in PDF File: 24
Keywords: Trademark Use, Keyword advertising, Use in Commerce, Internetworking papers series
Date posted: February 6, 2009
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