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12 J. High Tech. L. 1 (2011)

handle is hein.journals/jhtl12 and id is 1 raw text is: BATTLE GALACTICA: RECENT ADVANCES AND RETREATS IN THE STRUGGLE FOR THE PRESERVATION OF TRADEMARK RIGHTS ON THE INTERNET Darryl C. Wilson* Cite as 12 J. HIGH TECH. L. 1 (2011) Rapid-fire changes in global e-commerce have placed past standardized notions of trademark practice in a state of siege. Goods and services are being injected into the market place at warp speed while the justice system strains to keep pace with new types of trademark conflicts concerning the identification of the new commodities. While core principles remain, legal deci- sions directed toward the resolution of these conflicts commonly known as domain name disputes continually chip away at the viability of the historic application of trademark law. What is an ongoing battleground to many theorists and jurists alike can alternatively be seen as fertile ground for practi- tioners with forced answers, for better or worse, resulting from sheer case volume filling many of the traditional gaps previously occupied by thornier theoretical questions of legal applicability. Recent cases from a variety of venues highlight the need for prac- titioners to be more thorough than ever in their approach to pro- tecting marks. These decisions indicate that searches must be conducted on an ever broadening basis and that one who fails to secure national registration, then actively police, as well as zeal- ously protect the rights of mark holders with greater creativity * Professor of Law, Stetson University College of Law, B.B.A./B.F.A., Southern Methodist University 1982; J.D., University of Florida 1984; LL.M (IP), The John Marshall Law School, Chicago 1989. The author wishes to thank his dedi- cated staff as well as the Suffolk University Law School for their invitation and support in regards to the timely discussion of intellectual property issues af- fecting society. The author also wishes to thank his beautiful understanding family and of course, The One. Copyright @ 2011 Journal of High Technology Law and Darryl C. Wilson. All Rights Reserved. ISSN 1536-7983.

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