June 1, 2012

Trademarks and the Internet

By Antonio Campero

The Internet has become the most sought after means of all communication media, or at least the medium that
allows immediate access to the content of products and ideas on a global scale. Today, it is common for products
and services to be offered to a vast array of countries and regions. As far as trademarks are concerned, once such
are displayed on the Internet, they are available to anyone, which may result in the following consequences,
among others: i) the imminent risk that the trademark may not only be imitated or reproduced in other countries,
but also registered by third parties; and ii) the additional risk that anyone who advertises through the Internet (and
therefore on a global scale) may violate the rights of third parties who have a superior right to use such
trademarks in a certain country. While the Internet itself should not change the rules for the protection and
defense of intellectual property rights, such risks should force companies to rethink their business strategies,
specifically with respect to international protection of trademarks and other intellectual property rights.


Issue 102–June 2012