We were recently asked to cease and desist selling and using the logos of a product we sold on our website. We removed the product from the website and all pages that had any mention of it.
Currently, various search engines have the site cached and our webmaster has the links redirecting to similar products. Keeping in mind that there are no logos or mention of the product on our website, is redirecting current search engine listings to similar products a violation of US trademark laws? Please list sources if possible.
2006-07-20 17:41:42 · 2 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Without giving specific legal advice, there are two things to keep in mind.
First, other sites (not controlled by you) that cache your site are effectively past snapshots of what you had been doing. If the trademark holder has asked you to stop, then as long as the sites that still copy your use of the logos aren't controlled by you, there is the argument that you have stopped. That doesn't change what was done in the past, but it does reflect what you are (or are not) doing in the present.
On the other hand, if your webmaster is still doing something, then your webmaster might be considered your agent. Under vicarious liability principles, the actions of your agent could be imputed to you. Now, if the sites that you are redirecting to are doing nothing wrong, it stands to reason that there is nothing wrong in redirecting to them. However, if the sites that you are redirecting to are themselves infringing, an argument could be made that the redirection is continuing to contribute to that infringement.
As with any legal question that concerns your rights and liabilities, it is always a good idea to consult with a licensed attorney who is knowledgeable in the particular area of law, such as trademark law or internet law.
2006-07-20 17:51:00 · answer #1 · answered by coragryph 7 · 1⤊ 0⤋
Honestly, your best bet is going to be to talk to a trademark attorney. There is no black & white with intellectual property -- there are many shades of grey & each situations differs from the next. Be sure to speak with an attorney that specializes in trademarks.
Sorry I couldn't provide a more concrete answer. Best of luck to you!
2006-07-21 03:56:08 · answer #2 · answered by TM Express™ 7 · 0⤊ 0⤋