| Abstract [eng] |
Specifics of Trademark Protection in E-shops and Marketplaces The rapidly increasing scale of e-commerce is accompanied by the growth of illegal trade. Thus, trademark owners are in need for effective measures to suspend violations of their respective rights. The paper reviews the characteristics of the trade mark protection in electronic shops and marketplaces. The first part discusses general issues such as the differences between electronic shops and marketplaces, trademark functions and the scope of protection, and finally the use of mark as a trade mark, which is a necessary condition for the infringement to occur, and hence necessary for the possibility of termination of such infringement. The second part examines the remedies and measures applicable to electronic shops and marketplaces. With regard to electronic marketplaces, only the legal remedies towards them, but not their customers are analysed. The issue of secondary liability of electronic marketplaces is also included. The third part includes relevant ECJ case analysis. Cases on breach of trademarks in electronic trade and on potential misuse of a mark in AdWords advertising system are included. The possibilities for the application of liability and prohibitions are analysed for intermediaries such as electronic marketplaces. |
