Abstract
In recent decades, the Internet’s growth has revolutionized the modern shopping experience. With the rise of e-commerce platforms, consumers can now instantly access thousands of products. Unfortunately, the ease of online shopping has also supported the development of counterfeit culture and fueled a coinciding increase in trademark infringement. Furthermore, given the expected expansion of e-commerce, brand identity conveys substantial value in online marketplaces. This backdrop, coupled with a surge in trademark litigation since Tiffany v. eBay, demonstrates the importance of trademark reform. The current framework for assessing trademark infringement in e-commerce settings disproportionately burdens small businesses, and this Comment proposes a solution that aims to balance the interests of rightsholders, online marketplaces, and consumers. Moreover, additional safeguards like artificial intelligence and blockchain technology provide an extra layer of protection for businesses. Through better legislation and improved regulations, Congress can ensure that online marketplaces adapt to challenges posed by the digital age and advance the public good.
Recommended Citation
Ani Khachatryan,
The Digital Dilemma: Counterfeit Culture And Brand Protection Reform In The E-Commerce Era,
43 Loy. L.A. Ent. L. Rev. 247
(2023).
Available at: https://digitalcommons.lmu.edu/elr/vol43/iss3/2
