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Unfair Competition and Trademarks on the Internet

By: Matthias W. Stecher

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eText | 1 March 1999 | Edition Number 1

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Within the space of just a few years, the Internet has created new and revolutionary ways of exchanging information. The more than 100 million users worldwide connected to the `Web' are able to use it routinely for business and informal communication, for downloading information, and to shop for almost anything.

The coincidence of economic interests inevitably gives rise to legal questions. A company which markets its products or services on the Internet and wants to avoid legal exposure has to deal with, inter alia, the following questions:

• Does our advertisement on the Internet have to comply with the laws of every country where it can be received?
• If so, what are the most important provisions and rules of unfair competition law of which we should be aware?
• Do we have to respect all trademarks existing in these countries?
• Can the company be sued in each of these countries?
• How can the company be protected against 'domain name grabbing'?

The aim of this book is to give practical and concise answers to these questions. It is the first survey of the rules applicable in almost all major European jurisdictions, the United States, and other countries. As such, it enables companies which use the Internet as a tool for their international marketing--and the advisors of such companies--to assess and reduce the risks of the advertiser facing litigation in the target countries.