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Trademark Infringement Issues In Cyberspace




Ravish Ranjan, Chanakya National Law University

INTRODUCTION

Cyberspace is the virtual computer world and it is an electronic medium which is used to form a global computer network. Cyberspace is a worldwide computer network that works to facilitate the online communication and data exchange. Author Bruce Sterling describes cyberspace as “the place where a telephone conversation appears to occur. Not inside your actual phone, the plastic device on your desk. Not inside the other person’s, in some other city – the place between the phones. The indefinite place out there, where the two of you, human beings, actually meet and communicate.”

The internet was initially created as a tool for communication only for government and industrial purpose but now it serves the global economic purpose. The easy flow of information and ease of communication increase the ability to access the information which creates the opportunity to misuse and criminal activity. It also had tremendous impact on intellectual property. Domain name dispute is the most active part that involves the accusation of trademark infringement usually by the cyber squatter. Cyberspace raises a variety of thought-provoking trademark and trademark-related issues. While many of the issues and problems that arise may be analysed and resolved from the vantage point of traditional notions of trademark law, others present thornier questions requiring greater sensitivity to the practical effect of cyberspace on the commercial marketplace.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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