Tips for Trademark Use in the Internet Age

Because the issues involving the use of trademarks on the Internet continue to evolve, users of another's mark on the Web should err on the side of caution. Follow these tips:

• Never use another party's trademark on your Web site without permission. Even companies with whom you have strategic alliances may require prior consent before their mark can be displayed on your site.

• Never use a mark that is confusingly similar to that of another on your Web site. Infringement can occur just as readily in the cyberworld as in the real world.

• Do not link to another party's Web site without permission. Most companies readily grant permission, believing that the more people who visit their site, the better it is for their business.

• Be extremely careful in posting information about another person or company. Tarnishment of a mark is actionable under the new federal Dilution Act, and defamation (false oral or written statements) is always actionable, no matter what form it takes and through what media it is offered.

• Understand that operating an active Web site, taking orders, and allowing purchases through your site may subject you to jurisdiction in any location in which your site is accessible.