Kessler International - The Kessler Report

THE KESSLER REPORT Continued
A Publication of Michael G. Kessler & Associates, Ltd.
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Fraudbusters^® Edition

Volume 7

Number 1

TRADEMARK INFRINGEMENT
continued from page 1

is returned. This process allows companies to use the trademarks and company references of their competitors on their site to achieve high rankings for those keywords. However, when a search is conducted for such terms, the page displayed for the user will not contain those terms anywhere in the page's source code. Obviously, this practice often goes unnoticed by people not skilled in IP monitoring. As more search engine optimization (SEO) firms come into existence, the difficulty in setting up such cloaking schemes will be removed.

Clearly, there are many ways which

infringements take place. However, use of a competitor's trademarks does not always constitute an infringement. As with traditional trademark infringement matters, there is always the question of whether or not the alleged infringements are governed by fair use policies. Obviously, a company that bids for a competitor's name on PPC search engines is doing so in bad faith. But what about e-commerce sites that bid on the trademarked product names of the items they sell? There are also many sites that contain simple references to third party trademarks. These sites often appear higher in search engine rankings than the sites of the trademark owners. Should this situation be grounds for trademark infringement as well?

Such questions continue to be debated in court cases and legal arenas.

Trademark and copyright infringement on the Internet is rampant. The scenarios described above are only a few of the many ways that infringement can take place. Even though such infringements have taken place for many years, the prosecution of such crimes has been minimal due to gray areas in intellectual property law concerning Internet matters. Most attorneys are also not fully aware of the means by which infringements can take place. The lack of both knowledge and legal precedents has caused many firms to ignore infringements if they are found.

However, as new technologies are developed, the likelihood of your prized intellectual property being infringed upon can only increase.

Kessler International is the recognized leader in intellectual property protection. We combine our proven investigative techniques with state-of-the-art technical expertise to give our clients unparalleled IP monitoring services. Give Kessler International a call today to find out how we can ease your mind and protect your company from the ravages of the Internet marketplace.

KESSLER'S CORNER

It is hard for me to believe that almost 227 years ago a group of brave Americans signed a document affirming their dedication to the foundation of a democracy based on truth, justice and freedom. At the time these men risked their livelihoods and even their lives for something they truly believed. From that day on over the years countless brave men and women have given the ultimate sacrifice to preserve life, liberty and the pursuit of happiness for all Americans.

As enemies of freedom attack our nation and the fundamental principles for which we stand, our new generation now wields the shield and the sword of our great democracy. Today as I write this letter our brave sons and daughters are at war preparing to fight the battle of Baghdad against a ruthless regime.

General Eisenhower�s letter to the Allied Troops was written 59 years ago on the eve of D-Day (June 5, 1944). I find it appropriate to publish it again today.. I hope that you find his words inspirational; and although the enemy has changed the purpose of this war is the same. The American people depend on their troops and possess an unwavering faith in their abilities. Their courage, commitment and sacrifice is what keeps us free. We are very proud of what they and their families endure to defend our nation and preserve freedom. I salute each and every one of them.

Soldiers, Sailors, and Airmen of the Allied Expeditionary Force!

You are about to embark upon the Great Crusade, toward which we have striven these many months. The eyes of the world are upon you. The hopes and prayers of liberty-loving people everywhere march with you. In company with our brave Allies and brothers-in-arms on other Fronts, you will bring about the destruction of the German war machine, the elimination of Nazi tyranny over the oppressed peoples of Europe, and security for ourselves in a free world.

Your task will not be an easy one. Your enemy is well trained, well equipped and battle-hardened. He will fight savagely.

But this is the year 1944. Much has happened since the Nazi triumphs of 1940-1941. The United Nations have inflicted upon the Germans great defeats, in open battle, man-to-man. Our air offensive has seriously reduced their strength in the air and their capacity to wage war on the ground. Our Home Fronts have given us an overwhelming superiority in weapons and munitions of war, and placed at our disposal great reserves of trained fighting men. The tide has turned. The free men of the world are marching together to Victory!

I have full confidence in your courage, devotion to duty and skill in battle. We will accept nothing less than full Victory.

Good Luck. And let us all beseech the blessing of Al-mighty God upon this great and noble undertaking.

Dwight D. Eisenhower