Trademark Infringement on Internet
Trademark infringement on the internet indicates unauthorized use of a registered trademark or an unregistered trademark in an online environment. When anyone uses someone’s trademark, name, logo, or image without the owner’s permission, and in one way or the other leading to confusion among consumers and potentially harming the reputation or business of the trademark owner making wrongful gains may qualify as Trademark infringement.
Some ways in which trademark infringement can occur on the internet are:
1. Domain Name Infringement:
When someone registers a domain name that is identical or similar to a trademark, with the intention to extracts benefit from the confusion it may cause.
Using trademarked terms as keywords in online advertising campaigns. When a user searches for a trademarked term, the advertiser’s website or advertisement appears, potentially leading to confusion or misrepresentation.
Unauthorized use of a trademark on social media platforms can occur through the creation of fake accounts or profiles, posting content that infringes on the trademark, or using the trademark in usernames, hashtags, or captions to mislead consumers.
Trademark infringement can occur on e-commerce platforms and online marketplaces when sellers use a trademarked name or logo to sell counterfeit or unauthorized goods. This confuses consumers into thinking they are purchasing genuine products.
Remedies of online infringement of Trademark:
It is very much required to consult with an intellectual property lawyer to understand the correct position and situation of infringement and only then to pursue legal action against the infringing party, seeking damages and injunctions to stop further infringement.
Source: WIPO, DOMAIN NAME, IPINDIA, HIGH COURT