CONSIDERATIONS REGARDING THE PROTECTION OF FAMOUS MARKS IN E-COMMERCE

Abstract

Although the benefits of e-commerce are remarkable both for companies and for the consumers and the society, the context of the virtual revolution creates many opportunities to infringe the international and european legal provisions concerning the protection of trademarks. Globally, the protection of notorious trademarks is presently matchless and laborious enough so that the problematic in focus constitutes a long subject of analysis and discussion. The goals and the purpose of the research focus upon the analysis of the doctrine and jurisprudence of the European Court of Justice. Approaching these goals both logically and historically with international, european and judicial practice regulations, the authors concluded that these do not offer a clear answer to the question whether using the trademark of a competitor as a search engine keyword will constitute an infringement of the trademark, a fact that seems to be needing evaluation for each case.

Keywords

• e-commerce
• protection
• mark
• trademark
• famous brand