Dilusion of Trade Mark and Domain Name

The case of E. & J. Gallo Winery v. Spider Webs Ltd, considered the issue of dilution of a trademark through the use of domain names. In this case, plaintiff, a holder of a trademark, sued defendant under the Anti-Cyber Squatting Act and under Texas Anti-delusion and Trademark Law. The case was decided in 2002 and became one of the first cases in applying (“ACPA”) together with state intellectual property laws. Cyber squatting of domain names will not be permitted and state and federal laws provide remedies to prevent this type of action that directly affect trademarks.

Although the Internet permits the exercise of free speech, United States courts have been prompt to ban borderline exercise of free speech, especially when it infringes upon intellectual property rights. Trademarks are defined in the Lanham Act Section 45 (or 15 U.S.C. Section 1127). They are defined as “any word, name, symbol, or device or any combination thereof (1) used by a person or (2) which a person has a bone fide intention to use in commerce and applies to register on the principal register.”

A domain name or a web address is the Internet Protocol (IP) address that provides an Internet identity. Domain names provide an easy means for locating Internet addresses that otherwise would be impossible to memorize if we were to use numerical identification only. Domain name registrars assist with registering domain names.

Further Information : http://www.ibls.com/internet_law_news_portal_view.aspx?s=articles&id=20812F6F-2C05-42E4-B844-2AE8343769B3