Be Careful to Whom You Link: How the Internet Practices of Hyperlinking and Framing Pose New Challenges to Established Trademark and Copyright Law
![handle is hein.journals/rutlj30 and id is 257 raw text is: BE CAREFUL TO WHOM YOU LINK: HOW THE
INTERNET PRACTICES OF HYPERLINKING AND
FRAMING POSE NEW CHALLENGES TO ESTABLISHED
TRADEMARK AND COPYRIGHT LAW*
[A]ttempting to apply established ... law in the fast-developing world of
the Internet is somewhat like trying to board a moving bus .... 1
As the Internet grows at a exponential rate, accompanied by its
revolutionary method of conducting business worldwide, potential causes of
legal action arise. The practices of hyperlinking and framing are examples of
technological developments that make accessing the Internet easier for
users. In the process, however, these developments allow web page
designers to blur the lines of demarcation between two unrelated sites.
Unfortunately, the courts have not adapted quickly to this technological
revolution. Part I of this note introduces and provides background on these
two technological developments and discusses the emerging cases. Parts II,
III, and IV analyze existing causes of action under trademark, unfair
competition and copyright law, respectively, in the context of these
emerging cases. Part V discusses state attempts at legislating the Internet.
Part VI examines analogous factual situations in these doctrinal areas in
order to predict a solution to this problem. Lastly, Part VII discusses
practical solutions to the framing and hyperlinking controversy within the
structure of the Internet.
I. INTRODUCTION
The Internet2 originated in 1969 as an experimental project of a
government sponsored agency. It was originally designed to create a
* The author would like to thank John W. Caldwell, Laura Genovese Miller, and
Scott Schwartz from the firm Woodcock Washburn Kurtz Mackiewicz & Norris for their
advice and guidance during the preparation of this Note.
I. Bensusan Restaurant Corp. v. King, 126 F.3d 25, 27 (2d Cir. 1997)
2. The Internet was developed as an experimental project by the Advanced Research
Project Agency, or ARPA, to create a computer network called ARPANET to link the
military with defense contractors and university laboratories conducting defense-related
research. ACLU v. Reno, 929 F. Supp. 824, 831 (E.D. Pa. 1996). This network grew to
include researchers across the country who could directly access and utilize supercomputers at
key universities and laboratories. Id. Eventually, universities, corporations, and persons](ViewImageLocal?handle=hein.journals/rutlj30&div=11&collection=&method=preview&ext=.png&size=3)
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