Abstract

Abstract This chapter addresses the foundations of trademark law and discusses how traditional trademark protections are being applied to key aspects of the Internet business environment. The chapter begins by explaining the fundamental concepts of protecting the rights of trademark owners, including how federal trademark registration works, the elements of trademark infringement, and some defenses against certain trademark‐related claims. Because Internet domain names are the focus of some of the most important recent guidance in trademark law, the chapter outlines why domain names are important, how the domain name system works, and how domain names are registered. Several groundbreaking legal disputes over domain names are surveyed, as are laws that have grown to address the unique nature of Internet domain name trademark disputes, and the role of ICANN in both controlling and facilitating dispute resolution within the Internet domain name system.

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