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Online International Trademark Issues: Some Practical Considerations

By Richard E. Peirce

Practically speaking, the Internet has no boundaries. With few exceptions, content originating from one country can be accessed in many other countries. For the most part, this is a good thing for businesses.

However, what happens when a U.S. company's trademark is misused on the Internet outside of the United States? Short of litigating in that country, is all hope lost in addressing the problem? Prior to the Internet, a minor infringement of U.S. trademark may not have even shown up on a company's radar. But with the Internet and its global reach, even minor abuses are easily found and can cause real problems for a brand owner. Given the obvious jurisdictional roadblocks that exist in litigating in the U.S. against a foreign person or entity, there are some practical tactics that could prove useful in addressing and preventing this type of problematic behavior.

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