Trademarks in cyberspace: fulfilling the "use" requirement through the Internet
Article Abstract:
Trademark law needs to be revised to clarify whether placement of a mark on a World Wide Web site that is subsequently accessed by persons in a particular jurisdiction results in the use requirement being satisfied in that jurisdiction. Use in commerce is required for trademarks in most nations. Common law countries require use to exist prior to registration, and civil law countries require use before renewal or enforcement. A standard needs to be established for electronic commerce to determine when Web use of a mark is more than de minimis.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1996
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The 35 USC 102(e) date of a continuation of an international application
Article Abstract:
The question of prior art status of a patent from an international application is, as of Jan 1998, not settled, but a court ruling in this issue will probably show such patents are filed in the US. Such applications satisfy the first clause of 35 USC 102(e), and this is a reasonable standard to apply to international patent applications.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1998
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