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Articles & Publications

Technology Law Bulletin Spring 2004

Pop-Up Ads, Trademark Law and the Meaning of “Use” by Lee Gesmer and Susan Mulholland

Is it possible to infringe a trademark when you never display it to the public, but use it only as a hidden trigger for pop-up ads? Three federal courts have struggled with this question in the last seven months, but have been unable to unanimously agree on the answer. These cases represent the newest issue to confront the courts in the battle over trademark protection on the Internet, and illustrate how technological developments on the Internet continue to outstrip the ability of the law to keep pace.more…

Second Circuit Takes a Step Toward Enforcement of Browsewrap Agreements by Lee Gesmer

On the Internet, a “click-wrap agreement” requires the user to click a link or icon to indicate assent. A “browsewrap agreement” is an online agreement that appears on a web site, but does not require the user to take any action to express consent. The courts have been willing to enforce the former, but not the latter. more…