Cybergriping에 관한 연구

• 영문명: A Study on the Cybergriping
• 발행기관: 한국재산법학회
• 저자명: 최상호(Choi Shang-ho)
• 간행물 정보: 『재산법연구』재산법연구 제22권 제3호, 215~249쪽, 전체 35쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.02.01

영문 초록

The term "cybergriping" is an Internet buzzword that has come to be associated with Web sites criticizing corporations, organizations, individuals, or products and services. Frequently, users' domain names consist of the target's name, suffixed with "sucks.com" or other pejorative words. Often, these sites use the company's trademark in the domain name or on the Web page. Cybergriping sites can serve as a "watchdog" in the industry, which will encourage the industry as a whole to provide better service to customers. But Companies faced with a cybergriping Web site can sue under the theories of trademark infringement, trademark dilution, unfair competition, and cybersquatting, libel laws; they also may commence an arbitration proceeding under the Internet Corporation for Assigned Names and Numbers (ICANN) Uniform Dispute Resolution Policy(UDRP). The First Amendment and the FTDA's requirement of commercial use usually dispel trademark dilution liability of a cybergriper. Courts of USA agree that typical cybergriping sites fall squarely within this noncommercial exception because their purpose is to provide a forum for consumer product reviews. A showing that the sucks.com Web site is parody or a forum for critical commentary, the court reasoned, would undermine an action under the ACPA, because such uses are "noncommercial or fair use of the mark." In determining whether the plaintiff had satisfied the Lanham Act's likelihood-of-confusion requirement, the court ruled that no reasonable consumer could believe that defendant‘s site was affiliated with the plaintiff. Cybergriping sites are not always protected, particularly if the court finds the owner registered the site for the sole purpose of selling it to the trademark owner. Although typical cybergriping sites are noncommercial and, thus, protected from tarnishment claims, some courts have held that hyperlinks from the cybergriping site to a commercial site establish commercial use.

목차

Ⅰ. 문제의 제기

Ⅱ. 사이버그리핑의 발생원인과 기능 및 종류

Ⅲ. 사이버그리핑에 대한 책임

Ⅳ. 사이버그리핑 사이트의 하이퍼링크 역할

Ⅴ. 사이버그리핑에 대한 대책

Ⅵ. 결어

참고문헌