Forum Moderators: not2easy
Use them as you see fit - in an editorial capacity.
Syzygy
Running a review site will lead to threats of lawsuits. Sometimes even for good reviews that are not considered to be good enough. It is very seldom that they will actually file the lawsuit, but you should understand that it is an issue that you will have to deal with.
Running a review site will lead to threats of lawsuits. Sometimes even for good reviews that are not considered to be good enough. It is very seldom that they will actually file the lawsuit, but you should understand that it is an issue that you will have to deal with.
In my ignorance I'm presuming that to be a perspective from the overly litigious USA?
In the UK, the editor (paper or web) still maintains the power to invoke knees-bending humbleness from every PR-providing lackey :-) Doff your caps please...
My point is: if you are providing genuine reviews then you are both a valued reviewer & editor. Tell the litigious client - if they are religious - to apply Noah's Principle of Mathematics. ;-)
Syzygy
In my ignorance I'm presuming that to be a perspective from the overly litigious USA?
Considering that 90%+ of what we review is from the US, you would think so, but in fact there has only been one US manufacturer that has been a problem.
I don't think we have ever reviewed anything by a UK manufacturer, but it has been manufacturers in other Commonwealth Realm states that have been the quickest to threaten litigation. Australia being the worst so far.
Just woken up to what's being said here (better late than never). I would like some clarification, please.
It is fair to say that it is not uncommon for a supplier/manufacturer/agent/whatever of a widget to threaten litigation over a legitimate review (in a website or magazine) of said widget that they do not like? I thought we were skirting around the theoretical, but this does actually happen?
On what basis is litigation threatened?
Syzygy
I'd recommend putting up strong disclaimers about both trademarks and the opinions that are expressed on your site. Editorial opinions are generally protected, but consult your attorney to get your wording right. (I recall one situation a few years back where a magazine about historic homes published a monthly feature called "remuddling", which illustrated a particularly hideous remodeling that turned a historic building into an unrecognizable mess. After getting sued by a property owner who was surprised and unhappy to be so featured, the magazine had to change their wording to point out that the page was an editorial opinion. They still run the feature.)
If users will post reviews, you have the additional exposure of content posted with incorrect or false "facts", slanted reviews posted by competitors or those with some kind of axe to grind, etc.
We don't, unless we agree with the complaint. But we also have a strict editorial policy of "you can say good thingsor bad things, but you must back up what you say."
Getting legal threats is not common at all, but it does happen. With what must be somewhere around 10,000 reviews, there have been less than 10 times that there was any sort of legal threat. Of those times, only once was it by someone outside marketing that had the power to actually file the suit. He never did.
