TRADEMARK INFRINGEMENT AND THE ONLINE ENVIRONMENT: CHALLENGES AND LEGAL REMEDIES

AUTHOR – SIDDHANT VERMA & DR. VIKRAM KARUNA

POST GRADUATION RESEARCH SCHOLARS AT SCHOOL OF LAW, JUSTICE AND GOVERNANCE GAUTAM BUDDHA UNIVERSITY

BEST CITATION – SIDDHANT VERMA & DR. VIKRAM KARUNA, TRADEMARK INFRINGEMENT AND THE ONLINE ENVIRONMENT: CHALLENGES AND LEGAL REMEDIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 61-75, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

As new and challenging questions of trademark infringement in the online environment arise, as the world of the internet, e-commerce, social platforms and digital advertising, continue to develop and expand, there are various avenues by which trademark owners may enforce their rights against online infringers in the UK. With traditional legal doctrines struggling to adapt to technological advancements, infringers are emboldened by the anonymity and international accessibility of the internet, allowing continued violations of intellectual property rights without repercussion. Abstract: This paper discusses the different dimensions of online trademark infringement, focusing on unauthorized use of marks, domain squatting, comparative advertising, and other intermediaries. This study by critically examining statutory frameworks, case law, and regulatory responses across multiple jurisdictions, namely the United States, European Union, and India, elucidates as to where gaps in contemporary enforcement frameworks and jurisdictional ambiguities undermine effective redress. The focus is particularly on the obligations of online marketplaces and on the procedural complexites of bringing claims cross-border. The paper discusses some application of relevant comparative law techniques as well as recent case law developments with implications for some civil law jurisdictions, and proposes multiple policy recommendations aimed at improving domestic trademark protection, enhancing cooperation through national and international resources and leveraging new technologies, such as AI, to detect violations. The bottom line, the study writes, is that a balanced approach — one that achieves some manner of protection for brand identity without stifling online innovation — is critical to ensuring legal clarity and commercial fairness in the digital age.

Keywords— Trademark infringement, online environment, cybersquatting, intermediary liability, legal remedies, digital commerce, cross-border enforcement.