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You are viewing ARCHIVED CONTENT released online between 1 April 2010 and 24 August 2018 or content that has been selectively archived and is no longer active. Content in this archive is NOT UPDATED, and links may not function.Extract from article by Robert Wasnofski Jr.
Trademark attorneys often must determine when a third-party used a mark in commerce and the extent and nature of such use, particularly when considering whether to take legal action against a third party for the unauthorized use of a mark. The Internet Archive Wayback Machine (the “Wayback Machine”) provides access to a digital library of archived webpages and touts having saved over 450 billion webpages. More courts are taking judicial notice of archived webpages obtained from the Wayback Machine, the latest being the United States District Court for the District of Kansas in Marten Transport, Ltc. v. Platform Advertising, Inc. d/b/a JustTruckingJobs.com and FindATruckingJob.com , 2:14-cv-02464 (4/29/16)).