This Article addresses the trademark issues that stem from current developments in technology and capabilities specific to the Internet, and discusses how trademark law has evolved in order to provide remedies to trademark holders for unauthorized uses of their trademarks in ways that are likely to cause consumer confusion or allow for unfair competition. The authors begin by examining the current state of technology with respect to metatags, keywords, and links, the current trademark issues that stem from their use, and the recent judicial developments with respect to each type of technology. Based on this examination, the authors argue that the courts are willing to alter trademark law and unfair competition principles to protect against unauthorized uses that do not fit the traditional concepts of trademark infringement. The authors conclude that trademarks, as a form of intellectual property, should be protected when used on the Internet.
G. P. Albert Jr. & Rita A. Abbati,
Metatags, Keywords, and Links: Recent Developments Addressing Trademark Threats in Cyberspace,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol40/iss1/10