The Communications Decency Act Or The First Amendment Do Not Immunize An Internet Hosting Company From Being Liable Under The Lanham Act For Hosting The Website Of A Third Party That Allegedly Infringed Plaintiff’s Trademark

In Gucci America, Inc. v. Hall & Associates, a United States ("US") court determined that the Communications Decency Act ("CDA") and the First Amendment do not immunize an internet hosting company from being liable under the Lanham Act for hosting a third party’s website that allegedly infringes on a trademark. This case was revolutionary, because it determined that while an Internet hosting company could not be held liable for tort actions, they could be liable for trademark infringement.

The following questions have been addressed in this article:

What is the Commercial Decency Act?
What is the innocent infringer defense?
Who are the parties and what are the facts of this case?
What did lower court determine?
What is the significance of this ruling?


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