The Internet era has brought a new battlefield to U.S.-trademark-law disputes: domain names. Trademark owners have vigorously challenged the registration of domain names that consist of-or merely include-their trademarked terms, suing these domain-name registrants in U.S. courts for trademark infringement. During the early years of the Internet, courts often found consumer confusion-and thus trademark infringement-in these cases. As Internet use has developed, however, many courts have not recognized the growing sophistication of online consumers. This Note proposes that U.S. courts adapt their analyses to recognize evolving consumer behavior and expectations. This updated analysis, based on a 2010 Ninth Circuit opinion, will promote trademark law's historical focus on accuracy by encouraging courts to recognize the right of domain-name registrants to engage in accurate, nonconfusing speech.
Shiveh R. Reed,
Sensible Agnosticism: An Updated Approach to Domain-Name Trademark Infringement,
61 Duke Law Journal
Available at: http://scholarship.law.duke.edu/dlj/vol61/iss1/5