A scary Internet lawsuit
This is one of those lawsuits that has the potential to change the Web as we know it, yet I haven’t seen it mentioned anywhere. (Big claims, I know, but read on.)
A Web site called InfomercialScams.com lets people rate the products they see on informercials — something not all that odd; ratings sites are everywhere.
But InformercialScams.com is being sued by one of the companies that people have rated — rated rather poorly, in fact. The crux of the lawsuit is that because the results of a Google search on the manufacturer — GlobalTec — includes links to InfomercialScams.com, the Web site is infringing on the GlobalTec trademark.
This is scary stuff. It suggests that no one can write about any company or product with a trademarked name. Complain about a Best Buy experience too loud, and the company could sue you for trademark infringement.
You might think, as I did, that this will go nowhere fast. But I’ve learned that saying “never” is a bad idea. After all, it made it to court. Luckily, Public Citizen is defending the site, but still — worth keeping an eye on.
gnomic says:
This has been litigated over and over already in newspaper and TV media. Based on exsiting law, the case will be thrown out. If the company allows ANY other use of its name - on orders, billing statements, reviews, etc. it forfits control of the identifier. There is also use immunity for reporting purposes under the 1st amendment, auguably an applicable law. And under the communications decency act of 1994, the site is held harmless for what is posted.
GlobalTec is basically mounting a nuisance lawsuit to force the other guy to defend it. Or perhaps Myra P. Nicholson is a graduate of Liberty University and, like Monica Goodwin, has no clue about the law.