Trademark Infringement on the Internet

The article discusses, at a preliminary level, the need for considering and separating the essential function of a trademark, that of being distinctive, from other functions which are referred to as essential but are not. This, as well as avoiding undesirable consequences which occur particularly in criminal procedures, also makes it easier to draw the line between action for trademark infringement and that for unfair competition. Then the requirements which are in effect in a particular state for actual use of the trademark are analysed, as are the specific uses that may constitute trademark infringement on the Internet.