미국 상표법상 간접책임의 현황과 개선방안에 관한 연구
A Study on the Problems and Revisions of Secondary Trademark Liability in the US
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As online market has been developed, trademark infringement on the Internet has been serious problem. Because of the benefits of secondary liability, trademark owners have turned their eyes to the liability. Traditionally, trademark law has acknowledged two types of secondary liabilities for trademark infringements, vicarious and contributory liabilities. However, since the liabilities have been imposed by common law, the standards are clear and consistent. Moreover, although current secondary liabilities for trademark infringements are interpreted limitedly, the serious trademark infringements on the Internet could affect the scope of the liabilities. Thus, secondary trademark liability always has the possibility of expansion. At such time, trademark law has to draw up a plan that establishes the secondary trademark liability. Because of the similarities between copyright and trademark law, many scholars have proposed the revision of trademark law as in the DMCA of the Copyright Act. The safe harbor for online market owner could draw the clear line of the liability and provide the simple process to trademark owner at the same time.
Abstract
As online market has been developed, trademark infringement on the Internet has been serious problem. Because of the benefits of secondary liability, trademark owners have turned their eyes to the liability. Traditionally, trademark law has acknowledged two types of secondary liabilities for trademark infringements, vicarious and contributory liabilities. However, since the liabilities have been imposed by common law, the standards are clear and consistent. Moreover, although current secondary liabilities for trademark infringements are interpreted limitedly, the serious trademark infringements on the Internet could affect the scope of the liabilities. Thus, secondary trademark liability always has the possibility of expansion. At such time, trademark law has to draw up a plan that establishes the secondary trademark liability. Because of the similarities between copyright and trademark law, many scholars have proposed the revision of trademark law as in the DMCA of the Copyright Act. The safe harbor for online market owner could draw the clear line of the liability and provide the simple process to trademark owner at the same time.
참고문헌 (19)
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