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Essay / Research Paper Abstract
This 3-page paper answers questions about Internet trademark infringement and tort liability as it pertains to fictitious company Bug Inc. Bibliography lists 2 sources.
Page Count:
3 pages (~225 words per page)
File: D0_MTbuglegal.rtf
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Unformatted sample text from the term paper:
enforcement agencies. The company also has its own proprietary software. Bug wants to sell to international markets via the Internet and is concerned about privacy issues. Also, the company is
concerned that the domain name it wants is owned by another company that owns the rights to the name, though that company is willing to sell the domain name for
a high price. What are some privacy, trademark and infringement issues? When it comes to the domain name, once it is sold
to Bug, this should technically not be a problem. When it comes to domain names, infringement occurs when confusion might exist in the mind of the consumer (Tysver, 2008). Eight
factors are considered in the area of confusion and they include similarity with the overall impression, similarities of goods and services involved, strength of the plaintiffs mark, evidence of actual
confusion by consumers, defendants intent, physical proximity of goods in the retail marketplace, degree of care to be exercised by the consumer and likelihood of product line expansion (Tysver, 2008).
In Bugs case, any potential case of infringement would never make it to court, as the company from which it would buy
the domain name is not similar in terms of product or service, there is no physical proximity of goods or services and its unlikely that consumers would be confused. Care
would need to be taken, of course, that the Bug logo be used prominently throughout the Web site, so as not to confuse the issue with the domain name holder.
In terms of privacy issues, this has become another Internet hot button as many Internet sites "collect" addresses and sell them to
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