Author: Mitali Gupta, Student at IILM University, Greater Noida
Co-Author: Amandeep, Assistant Professor at IILM University, Greater Noida
ABSTRACT
This paper will analyze the challenges which is related with trademark infringement in the digital the realm, highlighting complexities that arise in the online setting. It aims to assess that how well the current legal frameworks address these difficulties and suggests practical solutions to enhance protection in the modern digital era. The question that in what ways do existing legal mechanisms respond to trademark infringement in the online context, and how effectively they balance trademark owner’s interest, consumers, & digital policy?.
According to growth, the e-commerce, social media, and domain name systems has increased the risks of trademark infringement, including counterfeiting, cyber squatting, and unauthorized use of trademarks in online advertising. Major issues include ambiguous jurisdiction, the anonymity of infringers, challenges in enforcing laws across borders, and the swift spread of infringing materials. Legal frameworks like the “Lanham Act (U.S.), the Anti-Cybersquatting Consumer Protection Act, the Uniform Domain-Name Dispute-Resolution Policy, and the EU’s Directive on IPR Enforcement” offer essential remedies, like injunctions, monetary compensation, and domain name confiscation. There are still gaps when it comes to address the rapid change in online practices, including algorithmic accountability, responsibilities of platform intermediaries, and the emergence of decentralized marketplaces etc.
Although statutory and judicial remedies provide instruments to fight infringement, their effectiveness is frequently limited by procedural holdups, inconsistent enforcement internationally, and the constantly evolving strategies employed by the infringers. New approaches, including block chain-based verification, improved cooperation with intermediaries through take down notice akin to the “Digital Millennium Copyright Act”, and regional harmonization initiatives, show promise but require wider adoption.
To enhance trademark protection online, a combined approach is essential updating legal the frameworks to align with technological advancements, promoting international collaboration, and motivating digital platforms to comply proactively.
Keywords: Trademark Infringement, Online Enforcement, Cybersquatting, Digital Platforms, Legal Remedies.
