On the Internet there is only one thing that really matters – prominence. It is the nexus of all factors that drive the ever-expanding cyberspace. In this world, the attention span of every visitor is measured in seconds, and the amount of traffic to a specific website measured with scientific precision.

It is, therefore, not surprising (and a cause for concern) that trade marks are set to become a casualty in the battle for online supremacy. The fact that trade mark infringement on the Internet is a present danger is not new. However, few realise the extent to which the domain name system is open to abuse by those undeterred by the provisions of the Trade Marks Act.

Written by Cobus Jooste
Fellow of Intellectual Property Law
Department of Mercantile Law
Stellenbosch University

Download the full text article above. Also available on the IPStell blog