Re: Did Syndicated Columnist Mess Up?
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Posted by M. Arthur Auslander on June 13, 2000 at 03:55:49:
In Reply to: Did Syndicated Columnist Mess Up? posted by TRB on June 12, 2000 at 06:53:19:
: Here is an situation perhaps someone could offer advice on. I've searched and searched and searched and find no precedent.
: I'm sorry if I'm vague with names...
: A nationally sydicated columnist wrote an article about product 1, and decided to give it her own little tag line. However, the tag line she "came up with" just happened to be the brand name of product 1's biggest competitor...product 2!!!!! This product has a very distinct brand name. Now tons of Web sites are calling product one by product 2!!! Product 2 is losing it's identity to product 1. Understand?
: Both products are protected by copyright and trademark laws.
: Is the writer of this column free and clear? What can the writer to to remedy the situation?
It's stuff like this that keeps lawyers in business and disliked.
There may not be liability of an innocent mistake but that might not stop you having to bear the cost of defending yourself. My gut say you are clear but that might not stop some form of action.
You may be lucky. There is the opportunity to write an interesting followup on the mistake and get credits for what you are doing and have an intereted audience.
M. Arthur Auslander
The Intellectual Property Law Server
Old Copyright Forum