Friday, June 10, 2016

More on digital TM infringement

The rise of the digital age presents new challenges for trademark law. The ongoing discussion to keep up legislation to match technology is ever evolving, and if you stop for a moment, laws will fall further and further behind. An article on 3D printing and TM.
Trademark law arose in a world of physical goods to protect manufacturers and prevent consumer confusion as to who manufactured the goods. In a digital world, manufacturing will increasingly be done, if at all, by individuals with 3D printers. ... Where consumers care about the quality of a digital file, trademark law can protect consumers from being deceived by indicia external to the file. But if purchasers are not confused about the source of the digital file based on external indicia, courts should channel any other potential claims (if any) to other areas of intellectual property law.