The Coexistence of Trade Mark Laws and Rights on the Internet, and the Impact of Geolocation Technologies

International Review of Intellectual Property and Competition Law (IIC) 47(1) 2016, 60-87

36 Pages Posted: 18 Mar 2017

See all articles by Alexander Peukert

Alexander Peukert

Goethe University Frankfurt - Faculty of Law; Cluster of Excellence Normative Orders

Date Written: 2016

Abstract

This paper reexamines the current legal landscape regarding the protection of trade marks and other industrial property rights in signs on the Internet. It is based on a comparative analysis of EU and national laws, in particular, German, U.S., and U.K. law. It starts with a short restatement of the principles governing trade mark conflicts that occur within a particular jurisdiction (part 2) and proceeds to the regulation of transnational disputes (part 3). This juxtaposition yields two basic approaches. Whereas trade mark conflicts within closed legal systems are generally adjudicated according to a binary either/or logic, transnational disputes are and should indeed be solved in a way that leads to a fair coexistence of conflicting trade mark laws and rights under multiple laws. This paper explains how geolocation technologies can alleviate the implementation of the principle of fair coexistence in concrete cases.

Keywords: Trade Mark, Geolocation, Geoblocking, Jurisdiction, Choice of Law

Suggested Citation

Peukert, Alexander, The Coexistence of Trade Mark Laws and Rights on the Internet, and the Impact of Geolocation Technologies (2016). International Review of Intellectual Property and Competition Law (IIC) 47(1) 2016, 60-87. Available at SSRN: https://ssrn.com/abstract=2934262

Alexander Peukert (Contact Author)

Goethe University Frankfurt - Faculty of Law ( email )

Frankfurt
Germany

Cluster of Excellence Normative Orders

Frankfurt
Germany

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