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Digital Advertising: Customer Confusion and Trademark Infringement

In the absence of a federal statutory scheme specifically aimed at digital advertising practices, the courts have focused on consumer-facing issues covered by existing law, such as privacy, transparency, and deceptive or misleading advertising practices. But digital advertising technology can also present new challenges in copyright and trademark protection.

11 minute read August 01, 2022 at 12:07 AM
By
Stephen M. Kramarsky and John Millson
Digital Advertising: Customer Confusion and Trademark Infringement

Online advertising is among the largest and fastest growing areas of digital commerce. Unsurprisingly, consumer online spending substantially outpaces ad spending in raw dollars, but in terms of sector growth and technical innovation digital advertising is unsurpassed.

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