Which laws apply, given global, multi-national accessibility in the new economy?
Advertising, in general, is regulated by complex legislation, case law, statutory law, and self-regulatory codes. Unfortunately, no uniform system applies. Deciding which laws are relevant may not be straightforward, given the Webs global reach. Jurisdictional matters pose interesting problems for e-commerce (see Jurisdiction in Cyber Space, page 34). Trademark infringement Trademark infringement can arise if a website uses registered trademarks of third parties without consent, unless the trademark is being used honestly and simply for the purpose of identification and is not bringing the mark into disrepute. The Trademarks Act, 1999 has introduced some wide-ranging changes to Indian trademark law and essentially made it possible to apply for registration of any mark capable of graphical representation. This is in addition to the obvious word marks and logos, advertising straplines, slogans and shapes. Even if a mark is not registered there may still be liability for any use of a well
