Brian Berlandi: “What State Am I In: Common Law Trademarks On The Internet“:
This essay explores the interaction between common law trade-
marks and the Internet—a relationship that has yet to be scrutinized by
the intellectual property and Internet communities. More specifically, it
strains to identify a common law mark’s territorial zone of protection
with respect to the Internet. This is an ambitious endeavor from the
start, for there is no case law or published academic material available
or directly on-point. As a result, this essay will not be a critique of judi-
cial precedent or academic opinion. Instead, it offers a premonition of
future case law and a foreshadowing of legal scenarios that might soon
be faced by common law trademark owners throughout the U.S.
HT: Steve N.