TRADEMARK INFRINGEMENT IN THE DIGITAL MARKETPLACE: LEGAL CHALLENGES AND REMEDIES

Abstract

This article explores the growing problem of trademark infringement in the digital marketplace, focusing on legal challenges and practical remedies in both the United States and Uzbekistan. As commerce rapidly shifts to online platforms, trademark violations have evolved from traditional counterfeiting to more complex forms such as keyword advertising, domain squatting, social media impersonation, and hashtag misuse. The article analyzes how the U.S. legal framework, particularly under the Lanham Act and through platform-level enforcement tools, has adapted to these changes—while also highlighting enforcement burdens on small businesses. In contrast, Uzbekistan’s trademark system, although evolving, lacks clear procedures and digital infrastructure to address online infringement effectively. The article concludes with policy recommendations tailored to each jurisdiction, emphasizing legal reform, institutional modernization, and public education as essential tools to strengthen brand protection in the digital era.