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  • Wulan Chorry Shafira, S.H.
  • Friday, 18 August 2023

Deep Linking: The Digital Form of Trademark Infringement

Deep linking is a technology that makes it easier for a site owner to link and direct his website visitors to one page. Generally, deep linking is used in advertising activities and marketing a brand digitally. But did you know that such actions could be a potential brand infringement? For detailed information, please continue reading the following article.

Trademark Infringement Potentials

Deep linking is closely related to digital trade and the commercialization process, making it a potential brand infringement for third parties whose links are linked to a website. The classification of deep linking as brand infringement means an infringement that occurs because there is a link on a page that does not originate from a link on the original page.

For example, what happened in the case of Ticketmaster's lawsuit against Microsoft for creating a link that led directly to the Ticketmaster site from Microsoft's page without going through the main page containing advertisements resulted in the wrong association with the source.

Even so, classifying deep linking as a brand violation still causes debate among experts. Initially, deep linking was a copyright infringement in the digital world, as it linked digital information from disparate sources, potentially threatening authenticity. However, this is resolved by granting the rights holder or creator a linking license to another party. However, problems still arise when linking is not allowed, especially with well-known brands in e-commerce.

Trademark Law in Several Countries

The United States has special regulations governing brand dilution, namely "The Federal Trademark Dilution Act 1995". The rules contain articles that regulate deep linking, which is classified as an act of brand dilution. Meanwhile, in Indonesia, legal regulations on trademarks in Law No. 20 of 2016 concerning Brands and Geographical Indications do not specifically regulate digital aspects of brands, such as deep linking. However, Indonesia has Law No. 11 of 2008 concerning Information and Electronic Transactions (UU ITE), which regulates matters regarding digital aspects of intellectual property. This is as stated in Article 25 of the ITE Law that Electronic Information and/or Electronic Documents that are compiled into intellectual property works, internet sites, and the intellectual property contained therein are protected as Intellectual Property Rights based on the provisions of Laws and Regulations.

It means that the legal arrangements for intellectual property rights in Indonesia are not only contained in the laws of the particular intellectual property rights regime because, in general, they still regulate aspects of IP conventionally. If you want to see and study the arrangements digitally, you can refer to the ITE Law and other related regulations, such as government regulations and implementing regulations.

Key Trademark Matters for Business Owners

For business owners, knowledge of the topics discussed in this article is essential so they have general knowledge and can take preventive actions to protect their trademarks. It is also crucial for them to avoid trademark violations or even more quickly realize the potential for other parties to infringe on their trademarks so that they can immediately consult and ask for legal protection services to secure them.

There are several steps you can take to protect your brand in Indonesia, including:

  1. Before deciding to create a trademark name, make sure that it does not resemble other existing and well-known brands;
  2. Always use your trademark consistently and regularly on every product marketed;
  3. Participate in the trademark registration program opened by the government (DGIP);
  4. Contact law firms to request legal assistance from trusted advocates so that the legal protection process for your trademark will become easier, practical, and strategic.

One of the Specialized Intellectual Property Law Firms in Indonesia

When you are sure that Indonesia is the right market for your product or service, then Am Badar & Am Badar IP Law Firm, as an Intellectual Property Consultant with more than 58 years of experience in Indonesia, is the right partner.

Our services cover the registration process once it is accepted and the monitoring process in the future, where the Trademark you have registered may be copied or misused by other parties who are not responsible.

Am Badar and Am Badar IP Firm, are the right place for Partners in need of IP related services or consultation. Contact us via ambadar@ambadar.co.id We will provide the best solutions according to your situation.

 

 

 

Referensi:

ojs.unikom.ac.id

medium.com

jurnal.fh.unpad.ac.id

dgip.go.id

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