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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
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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