Third-party linking is latest wave of Web disputes; the nature of the defendant's overall activities governs whether a link is actionable

Article Abstract:

The trademark violations trademark owners have begun alleging based on the links provided to third-party Web sites are based on the argument that trademark infringement or dilution arises because the links fundamentally change the nature of the defendant's Web site.The cases suggest that the traditional likelihood-of-confusion and dilution tests apply to the Internet, but it is the nature of the defendant's overall activities that will govern the result as to whether the link is actionable under the trademark laws.

HTML (Document markup language), Linking loaders (Computer programs)

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Fair-use defense applies in aftermarket situations; use of another's trademark is allowed when done in good faith to describe another's goods

Article Abstract:

Issues are discussed regarding permissible uses of the fair-use defense in aftermarket disputes between senior and junior trademark users.The focus of the fair use defense is whether the defendant's use of the protected mark is descriptive, and courts might find some aftermarket confusion acceptable and the price to pay for greater choice in a free market economy.

Fair use (Copyright), Fair use (Copyright law)

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Drug name dilemma; a pharmaceutical trademark must pass muster with FDA for safety as well as PTO

Article Abstract:

Pharmaceutical industry measures to select trademarks to help prevent medication errors by health care industry professionals are discussed. Either the Patent and Trademark Office or the Food and Drug Administration can reject this industry's trademarks. \

Safety and security measures, Pharmaceutical industry, Prevention, Drug approval, Medication errors

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