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.

On-Line Information Services, Videotex & Teletext, Telegraph & other communications, Laws, regulations and rules, Internet, Internet services, Electronic commerce, E-commerce, Trademarks

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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.

Other Justice, Public Order, and Safety Activities, Patent Law, Interpretation and construction, International aspects, Prior art (Patent law)

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