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Initial Interest Confusion
Subjects > Law > [Intellectual Property]?Create > Trademarks
- [EFF Friend of the Court Brief on Initial Interest Confusion]
- EFF and its 11,000 dues-paying members have a strong interest in assisting the courts and policy-makers in striking the appropriate balance between intellectual property andthe public interest. Because this case may call on this Court to address theproper scope of the initial interest confusion doctrine on the Internet, adoctrine of critical interest to consumers and technology innovators, EFFbelieves it may have a perspective to share that is not represented by theparties to this appeal, neither of whom directly represents the interests ofconsumers or the public interest generally.
- [Regulating Relevancy - Initial Interest Confusion and the Internet]
- [INITIAL INTEREST CONFUSION IN TRADEMARK DISPUTES]- Ivan Hoffman, B.A., J.D.
- [Keywords, Meta Tags, and Trademarks]
- One of the areas of potential trademark infringement that is peculiar to the Internet is the use of marks within the body of the meta tag section of the source code of a writer web site. Part of the meta tag are the keywords, used by search engines to locate sites in the vastness of the Internet. Thus, the manner in which such keywords are created and used in the meta tag section can often make the difference between being found at all on the Net or where, within the search results, your site pops up. However, the use of trademarks in the keywords can present legal issues for the site, the site’s designer and the trademark owner.
- Confusion in the minds of site visitors
- Diversion of web traffic
- [Initial Interest Confusion: Dispelling Some of the Confusion] - Article from Massachusetts Lawyers Weekly, August 23, 2004
- the doctrine of “initial interest confusion” (IIC) has not been universally embraced.
- The IIC doctrine permits a finding of infringement in a case involving confusion that is only temporary, that is, where any confusion is dispelled before a purchase is made.
- IIC claims have been made not only in connection with domain names, but also with hidden Web site codes called metatags (which are used by search engines like Google to match keywords with relevant Web sites).
Could this be an example of Initial Interest Confusion:
* Free Mobile 411 Service Attempts To Get Users To Call A Different Company Than The One They Were Calling For
Please Note
This article is not intended as legal advice and is not legal advice. This article provides only general, non-specific legal information. This article does not cover all the issues related to the topic discussed. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. This article is based on United States law. You should consult with an attorney familiar with the issues and the laws of your country. This article does not create any attorney client relationship and is not a solicitation.
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