The rise of the internet made two things apparent: (1) borderless,
wireless, and classless communication challenges traditional societal and
legislative structures; and (2) the advantages of the internet also benefit
criminal actors and organized crime, and disproportionally so when
legislation lags behind.1
It is commonly known that members of
organized crime groups use both technological hijacking of personal
computers as well as ISPs to further their own goals. ISPs may serve as
mere [technological] conduits of data, but nonetheless allow illegal
activity. In addition, ISPs may also serve as hosts of illegal material or
allow illegal transactions on their sites. Unlike in the case of copyright
piracy, there are no sites or ISPs that trade exclusively in counterfeit
goods. Instead, fake goods are mixed with legitimate trade in the
primary or secondary markets.
Illegitimate trade, by which trademarks are exploited, are commonly
referred to as trademark piracy and trademark counterfeiting. The
World Intellectual Property Organization, WIPO, defines trademark
piracy as “the registration or use of a generally well-known foreign
trademark that is not registered in the country or is invalid as a result of
non-use.”2
Trademark piracy targets the trademark itself and hijacks
The rise of the internet made two things apparent: (1) borderless,wireless, and classless communication challenges traditional societal andlegislative structures; and (2) the advantages of the internet also benefitcriminal actors and organized crime, and disproportionally so whenlegislation lags behind.1 It is commonly known that members oforganized crime groups use both technological hijacking of personalcomputers as well as ISPs to further their own goals. ISPs may serve asmere [technological] conduits of data, but nonetheless allow illegalactivity. In addition, ISPs may also serve as hosts of illegal material orallow illegal transactions on their sites. Unlike in the case of copyrightpiracy, there are no sites or ISPs that trade exclusively in counterfeitgoods. Instead, fake goods are mixed with legitimate trade in theprimary or secondary markets.Illegitimate trade, by which trademarks are exploited, are commonlyreferred to as trademark piracy and trademark counterfeiting. TheWorld Intellectual Property Organization, WIPO, defines trademarkpiracy as “the registration or use of a generally well-known foreigntrademark that is not registered in the country or is invalid as a result ofnon-use.”2 Trademark piracy targets the trademark itself and hijacks
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