9 J. Intell. Prop. L. 361 (2001-2002)
Is Liability Just a Link Away - Trademark Dilution by Tarnishment under the Federal Trademark Dilution Act of 1995 and Hyperlinks on the World Wide Web

handle is hein.journals/intpl9 and id is 367 raw text is: NOTES

IS LIABILITY JUST A LINK AWAY? TRADEMARK
DILUTION BY TARNISHMENT UNDER THE
FEDERAL TRADEMARK DILUTION ACT OF 1995
AND HYPERLINKS ON THE WORLD WIDE WEB
Every day, people all over the country surf the World Wide Web for
information on every topic imaginable-from class assignments to travel
itineraries to gossip on Hollywood stars. The Web has introduced our
society to new possibilities in communication, education, business, and
entertainment. Along with those possibilities, though, come the difficulties
faced by courts in applying existing law to new technology and defining the
legal parameters of the new medium. In particular, the Internet and Web
have created new legal complications in the protection of intellectual
property rights.
Federal trademark dilution is a new cause of action in intellectual
property that provides owners of famous trademarks with additional
ammunition against those who use their marks.1 This Note will address how
courts have and should apply the Federal Trademark Dilution Act (FTDA)2
to alleged trademark dilution by tarnishment as it relates to hyperlinking on
the World Wide Web. To understand the policies of the FTDA and its
application to hyperlinking, it is necessary to explore the development of the
dilution doctrine and explain the Web features involved in trademark
dilution by tarnishment cases. Part I of this Note will describe the develop-
ment and present status of federal trademark dilution law and Part II will
explain the Web features of domain names and linking.

See The Federal Trademark Dilution Act of 1995, 15 U.S.C. S 1125(c) (1995).
2 1,L

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