Webvertising: unfair competition and trademarks on the Internet
Kluwer Law International and Association Internationale des Jeunes Avocats, 1999 - Computers - 267 pages
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.
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1.2 Jurisdiction Advertisement for tobacco alcoholic beverages apply Article Australia Benelux choice of law claim commercial company name comparative advertising competitor conﬂict confusingly similar considered Consumer Ombudsman criminal Cyber Promotions cyber squatting damages decision defendant defendant’s deﬁned difﬁcult directed disputes domain name domicile example ﬁeld ﬁne Finland Finnish ﬁrm name ﬁrst foreign company German Ibid identical or similar identiﬁed injunction INTERNATIONAL PRIVATE LAW issues Italian lottery mark Market Court misleading advertising Netherlands offer ofﬁce on-line organisation plaintiff Portuguese practice prohibited promotion protection regard registered trademark regulations relevant requires rules Section server service provider speciﬁc STECHER sufﬁcient Swedish Telecommunications Administration Centre territory third party tobacco advertising tobacco products Top Level Domain tort trade name Trademark Act trademark infringement trademark law UBPA Unfair Competition Act unfair competition law Unsolicited emailing violation WEBVERTISING Zealand