"... its chief selling points are the words 'Don't Panic' ..." (1)

ABSTRACT

Leading cases have misapplied ordinary principles of trademark and unfair competition law in cyberspace, especially to attenuated and invisible uses. Though the leading cases uniformly assert they are merely applying ordinary principles of trademark law to cyberspace, they are actually in conflict with one another and with ordinary principles of trademark law. The leading cases are in conflict because they tend toward the extremes of over-protecting or under-protecting marks in space, and both extremes are wrong. These cases put trademark law on a path that will either diminish the value of ...