Chicago Law Firm Sues Over Hyperlink To Trademarked Name

TheSpoom writes "Large Chicago law firm Jones Day are suing internet startup BlockShopper over the issue of whether linking to a business with their trademarked name should be legal. It would seem they are using trademark dilution as a tool to get BlockShopper to cease linking to their website. The EFF has filed an amicus curiae, as might be expected. If Jones Day wins this suit, anyone linking using a trademarked name may be in legal hot water."

Comments

Litigious bastards

[AKAImBatman]

Jones Day(TM) is going to have to get in line. SCO has existing use claims on linking litigious bastards, based on their extensive use of the mark between 2002 through present.

It's too bad the legal system isn't more accessible to the common man or baseless suits with intent to crush or scare wouldn't get filed so often.

Lawyers :::sigh:::

[copious28]

Man, cant the lawyers fight something that is more useful, like crooked Wall Street firms? What a waste of the court's resources.

How not to advertise your business

[BeerCat]

So, let's get this straight. You'd like people to be attracted to your business, but you don't want them to use your Name....

Kind of defeats the point in having a website, really.

Re:How not to advertise your business

[MozeeToby]

No, no. They're fine with most people linking to them, just not the people they don't like. Unfortunatly, what they really want is the power to sue anyone who dares say bad things about them. They may as well make breathing illegal, that way anyone the police don't like can be charged and everyone else won't be.

Yes.

[Planesdragon]

Large Chicago law firm Jones Day are suing internet startup BlockShopper over the issue of whether linking to a business with their trademarked name should be legal.

Yes, it should be.

"RPGs? Try White Wolf or Wizards of the Coast."

Trademarks exist to differentiate businesses. You have an ABSOLUTE RIGHT to use somebody else's trademark to refer to them or describe their product. Any law that says otherwise is fundamentally flawed, and violates the first amendment.

A trademark is a name, and names are fundamental to speech.

Re:I say we give 'em what they want.

[Altus]

No doubt. If I, for some reason, had this law firm on retainer I would be looking for a new firm already. This whole fisasco has to make one question the firms grasp of technology and law. Worse, it makes it clear that they lack any forethought. Right or wrong, what did they think was going to happen when they filed this suit? Did they not think that it would end up plastered all over the internet?

If I were one of their clients I would be questioning their judgment right now.

Re:Interesting site, BlockShopper

[Altus]

Its not invasion of privacy to post publicly available information on the internet.

The purchase and sale of property is a mater of public record and are generally listed in the classified section of your local news paper. Taking that information and combining it with the results of a google search on the buyer or sellers name is certainly not invasion of privacy, though it might make you re-think the kind of info you put on line.

Im still not quite sure what the point of the web site is though.