Trademark law protects the interests of the holder of trademarks as well as the interests of consumers, and thus attempts to avert confusion by preventing misleading usage of a trademark. As the Internet has expanded into the primary marketplace for consumers researching and purchasing items, the need to protect one’s trademarks has also increased.
This Article explores the doctrine of initial interest confusion in trademark infringement specific to pre-purchase or Internet technologically based claims. The Author explores the circuit split in the tests that different circuit courts apply when analyzing trademark keyword advertising claims. The Article proposes that, despite calls to abolish the initial interest confusion doctrine, the doctrine should be applied within the framework of trademark protections provided by the Lanham Act. By combining the initial interest confusion doctrine with the likelihood of confusion factors commonly used by courts, the Author asserts that trademarks and their associated interests will be better protected on the Internet. Additionally, the Author asserts that such a merger would better prepare courts to address future Internet issues.