Search and ye shall infringe? Current issues concerning the use and abuse of trade marks in cyberspace

This article examines the legal ramifications of certain internet practices that impact on the rights of trade mark owners. Specifically, the article considers the interface between Australian trade mark law and third party appropriation of others' trade marks through key word advertising and metatags. The article explores whether Australian trade mark law does or should place any restraints on such conduct. Ultimately, the article argues that the current Australian law is poorly designed to protect the rights of Australian trade mark owners against such trade mark interception in cyberspace.