Forum Moderators: not2easy
As well as free ads, we carry paid ads from various advertisers.
A few weeks ago we received a solicitors letter which stated that we were infringing their clients trademark by carrying adverts for websites that sold their clients products !
It all seemed rather odd, because who wouldn't want their products advertised and promoted ? By having their resellers websites in our directory, surely that would boost their sales ?
We're a small organisation, and frankly have better things to do than get tied up in litigation, but it still irked because I'm sure we're not doing anything wrong .. hey ho.
Anyway, the stubborn part of me decided to redirect any search performed on our site for that product to their competitors site.. I figured that there was no CONTENT on our site for their product, and surely I can redirect our users wherever I see fit.
But no.. I get another letter today.
"When an internet user types WIDGET into the search box on the home page for your website, the internet user is redirected to the homepage for WIDGET COMPETITION. It is wholly unacceptable for our client's trade mark to be used in this way to divert internet traffic to a competitor website."
"As a result of your actions of trademark infringement our client is entiteld to commence proceedings against you immediately climing, amongst other things, an injunction preventing any further use of our clients trade marks, from distributing, offering for sale, or selling any goods and services bearing our clients trademark, together with damanges and legal costs."
But the thing is.. by redirecting searches am I selling goods, or services bearing their clients trademark ?
The pragmatic part of me just wants to play ball for an easy life, but the principled part of me is really niggled by this.
Anyone got any legal pointers or tips ?
A a second bit of legal disclaimer, favored by Webwork over on the Domains forum: STOP posting about this NOW. Your posts here could be used by the opposing party as evidence.
I'll give you the one little tidbit of my (non-lawerly) understanding of the difference between U.S. and U.K. trademark laws: in the U.S. it has generally been held that using a trademark as a "trigger" for a search is not a violation. In the U.K. it is apparently the opposite.
This is why, for example, Google permits the use of a competitor's trademark as a trigger in the U.S., but does not permit it in the U.K.
I believe Google lost a lawsuit in the U.K.
You got deeper pockets and better lawyers than Google?
I hope you've removed all references to this product and stopped the redirect.
In the U.S., it is common for advertisers to set-up Adwords so that it will display their ad when a competitor's trademarked term is used in a search.
Google permits this in the U.S., and it's my understanding that U.S. courts have held this to not be infringement.
(Google is strict about use of trademarks in advertisement text, however.)
In the U.K. Google has banned the practice, after they lost a lawsuit.
If you are based in London, you may even be able to get free legal advice from them - and professional legal advice is what you need.
Good luck.
Syzygy
