RE: UKNM: Linking to sites

[Richard Bailey]

The Ferengi Rules of Acquisition.

 59) Free advice is seldom cheap.*


Richard Bailey

www.Godado.co.uk <http://www.Godado.co.uk>

RBaileygodado [dot] com

 <

RBaileygodado [dot] com (mailto:RBaileygodado [dot] com)

>

020 7236 7722


-----Original Message-----

From:

ownerchinwag [dot] com

 [

ownerchinwag [dot] com]On">mailto:ownerchinwag [dot] com]On

 Behalf Of John

Enser

Sent: 17 October 2000 22:29

To:

'uk-netmarketingchinwag [dot] com

'

Subject: RE: UKNM: Linking to sites



Chris,


free advice is dangerous, 'cos you get what you pay for...


but on the basis that this is not advice and you are not my client and all

those other disclaimers:


1.  Stuff about Shetland Times that Mary posted is spot on - the case was

settled and does not take things much further; there are no other UK cases

(although one in Holland just went in favour of the company which provided

the deep links)


2.  The trademark point is borderline-to-wrong; if I want to list coca-cola

and their address in a directory, I do not infringe  their mark by doing so

(although the logo is not so black and white).  So, if I am legally linking

and so showing you where their site is, that is probably OK too.


3.  The trouble with deep linking and framing is really about "passing off"

- suggesting that you have a kind of relationship with the other site that

you do not actually have, a bit like a misleading endorsement.


4.  My practical advice is that there is no harm in asking - people rarely

say no.  If you do not want to ask because you think that the way in which

you are using their site (by deep linking or whatever) is likely to lead

them to say no, you are probably deep enough in the grey area to mean you

ought to take paid-for advice, so you can sue your lawyer for getting it

wrong ;-)


John

jxeolswang [dot] com

www.olswang.com


[Sam says: msg chopped]


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