Case Law Shines a Light on Internet Evidence at Motion to Dismiss Stage

by Lynde F. Herzbach | World Trademark Review

Assessing the relevance of internet evidence can be a daunting task for rights holders. However, if submitted accurately at the earliest stages, such evidence may sway infringement proceedings.

The internet affects almost every aspect of consumers’ daily lives. From social media to shopping and entertainment, it can be an effective tool for communicating and reaching out to new and existing customers. However, operating an online presence is not without its risks and it can be daunting to analyze internet evidence relating to possible trademark issues. Such difficulties arise for both new enterprises seeking to introduce goods or services and established companies seeking to protect valuable brands. A review of recent US cases at the motion to dismiss stage can help to explain how the courts evaluate internet evidence for various purposes, including whether an initial case has been made and whether there is subject matter jurisdiction or personal jurisdiction.


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This article first appeared in World Trademark Review issue 71, published by Globe Business Media Group – IP Division. To view the issue in full, please go to

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