Trademarks and Cyberspace

Abstract

Trademark law aids consumers who use trademarks in the marketplace to identify swiftly and without problems a product they liked or disliked in the past, distinguishing among the different competing manufacturers of a product. No one is entitled to sell or deliver commodities under the appearance that the commodities derive from someone else. The importance of consumer protection cannot be over-emphasized and the average consumer standard should remain the central point of the inquiry, even under domain name litigation. Replacing the initial interest confusion doctrine is one decisive step, along with the introduction of a doctrine representing the fact that there should be no confusion at the point the sale, and this doctrine would intervene to allow for the capacity of the consumer to choose freely the products they want.