This Comment proposes that URLs used to trigger pop-up ads constitute a "use in commerce" under the Lanham Act because they are used more than as a "pure machine-linkingfunction" and are more than public keys to access websites. Accordingly, despite some federal cases precedent that involve narrow definitions of "use in commerce" - a requirement to bring a successful trademark infringement suit. This Comment suggests that these narrow holdings is that internet advertising developers can now design technology to avoid the narrow definition of "use in commerce" and thereby avoid liability for trademark infringement.
Arbolante, Joan Obispo
"Domain Names Triggering Internet Pop-Up Advertisements: A "Use in Commerce" Under the Lanham Act,"
University of San Francisco Law Review: Vol. 41
, Article 5.
Available at: http://repository.usfca.edu/usflawreview/vol41/iss4/5