USA: Jones Day v. Blockshopper.com - Hyperlink creates false
impression of affiliation?
provides information about property transactions. One of their reports state
the facts of real estate transactions of Jones Day associates, displays
their pictures, and states the associates work for Jones Day. In addition,
the report includes links to information about these associates appearing
within Jones Day's website. Jones Day sued Blockshopper and alleges
trademark infringement! Plaintiff contends Defendant's use of the Jones Day
Marks and the links to the web site create the false impression that Jones
Day is affiliated with/or approves, sponsors or endorses Defendant's
business, which it does not.
ridiculous! That's pretty much, what the Electronic Frontier Foundation (EFF)
is saying about the lawsuit: "some of the most preposterous trademark claims
we've ever seen... If Jones Day were correct, no news site or blog could use
marks to identify markholders, or links to point to further information
about the markholders, without risking a lawsuit. But that is not the law,
and Jones Day should know it."