ABSTRACT
In the late 1990s, when it was only beginning to revolutionise the world, the United States Supreme Court defined the internet as ‘an international network of interconnected computers’. By holding intermediaries liable for their role in making infringing content accessible and available to internet users, they become incentivised to detect and deter infringements from happening in the future. The protection of registered trade marks in the UK is governed by the Trade Marks Act 1994, which was enacted to give effect to the 1988 Trade Marks Directive. In addressing the liability of such intermediaries, a conscious choice is made to consider the associated issues and challenges from a trade mark perspective. The practical implication of the origin function of trade marks is that consumers expect a consistent quality to be maintained in the manufacture of a product bearing a particular mark. The chapter also presents an overview of the key concepts discussed in this book.
