Skip to Questions
Campus Library image
  Local library services for IU East and Ivy Tech      765-973-8311     Hayes Hall, 2325 Chester Blvd    Richmond, IN 47374        

LibAnswers- - 24/7 Access for Student Success

Useful Tip: Enter questions for the Campus Library Information and Resources@IU East!
Q

Would the use of a purported trademark solely on a Web site satisfy the “use in commerce” requirement for trademark protection?

Last Updated: Feb 09, 2012  |  1372 Views
Topics: Business

Was this helpful? 0   16
A

Answer

The best databases for business issues like this include Lexis-Nexis, ProQuest Business, and the business and communications parts of the EBSCO databases (all of our business databases are linked on this LibGuide).

 

In any of these databases, try a search like this (sample EBSCO search):

 

"use in commerce" AND (trademark OR copyright) AND (web OR internet)

 

Several of the articles from this sample search seem to speak to the topic of web trademarks and how they interact with the Use in Commerce clause, such as Ownership of Domain Name Grounds for Civil Contempt and Use It or Lose It.

 

For reference, Use in Commerce is defined in the United States Code at 15 U.S.C. § 1127.

 

Explore these articles, and similar ones from the other listed databases, to understand the legal issues in play around web trademarks.  Let me know if I can be of any further assistance.

 

Cordially,

 

Matt Dilworth

Answered by Matt DilworthBookmark and Share

Other Answers / Comments (0)

    Updates to Database Access

    Database Updates:


    Problem Accessing Fulltext in the ERIC Database

     

    From their website:

     

    Dear ERIC Community,

    In early August we discovered that sensitive personally identifiable information appeared in some full text documents contained in the ERIC collection. Specifically, social security numbers and other highly sensitive information were found in multiple documents and in a way that could not easily be isolated. For that reason, we had to temporarily disable access to many full text documents.

    Although these documents had been publicly available in microfiche for many years, the advent of Internet search engines has made it easier to find this information. Our number one concern is to ensure that any full-text documents we provide do not violate any individual's privacy. We believe that if any of us were to have our privacy compromised by an ERIC document, we would want the same consideration.

    We are seeking to restore access to documents as soon as possible. In order to restore access to ERIC, we have to check every document to see if it contains personally identifiable information. Due to the quality of many of the documents, a large portion of the search has to be done by hand. This is a large undertaking and we are in the process of hiring a team to help restore access in a fast and responsive manner. We hope to get this team in place by late September and releasing large numbers of ERIC documents by the end of October. We will continue to release documents after that point on a rolling basis.

    To minimize the burden on our users, we will prioritize searching the documents that users request. If you would like to request a PDF to be returned online, please email ERICRequests@ed.gov with the record number (such as ED263102). Documents will be returned on a rolling basis and may take several weeks, but we are working as fast as possible.

    We are sorry for the inconvenience and want to thank you for bearing with us through this unexpected delay.

    The ERIC Team

    Questions also try these options:

    • a small icon
      Call us M-F 8am-5pm:
      765-973-8279
    • a small icon
      Email us:
      iueref@iue.edu

    Message Us
    on Facebook

    Related content from LibGuides


    Didn't find what you were looking for? Contact the Campus Library LibAnswers administrator email. Phone-765-973-8279 for assistance.

    Campus Library, IU East
    2325 Chester Blvd.
    Richmond, IN 47374

    © 2011 Trustees of Indiana University