Protection Of Trademark Rights In The Digital Era – A Global Perspective

Arjun Sehgal, BBA LLB (H), Amity Law School, Amity University

ABSTRACT

In the ever-evolving landscape of e-commerce, the protection of trademarks has emerged as a critical legal and strategic concern for businesses. As industries turn to digital platforms to access global markets, the challenges of protecting intellectual property rights in a borderless market become more apparent. The emergence of e-commerce has transformed traditional commerce, giving businesses unparalleled access to global markets. However, this development poses substantial concerns, particularly in terms of trademark infringement. The anonymity and vastness of the internet facilitate the unauthorized use of trademarks, making enforcement more challenging and underscoring its importance. This Research paper delves into the various dimensions of trademark protection within e-commerce platforms, emphasizing the legal frameworks of different Jurisdictions (USA, EU, UK, and India), enforcement challenges, and the pivotal roles of intermediaries in defending these rights. Moreover, this paper critically examines the accountability of e-commerce platforms in curbing trademark infringement. Platforms like Amazon and eBay have instituted their own protocols and policies to deter counterfeit goods and safeguard trademarks. The efficacy of these initiatives is evaluated, with a specific focus on the legal notion of intermediary liability. This concept pertains to the conditions under which service providers (in this instance, e-commerce platforms) may be held accountable for trademark infringements perpetrated by third parties on their platforms.