Re: Not sure if I'm flattered or offended

From: Rob Frankel <rob_at_robfrankel.com>
Date: Wed 03 May 2006 13:32:13 -0500

Josh Freedman wrote:

>If you're name isn't trademarked, no case. If the ad text doesn't
>include your
>trademark, no case. In a recent ruling
>(http://www.eweek.com/article2/0,1895,1849626,00.asp), a court made it
>clear that advertiser can place ads on pretty much any search term, but they
>cannot improperly use TM's in ad text.
>
>> Having some experience in the field, I can state with confidence that
>> you have one swell peach of a legitimate trademark infringement case
> > there, should you choose to pursue it.

While that may be true, suffice to say that I've witnessed trademark
and infringement cases that have been filed (okay, a lawyer with an
attitude can sue for anything...) and litigated on far less.

IANAL, but this comes as close to "unauthorized endorsement" as it gets.
--
Rob Frankel

"Branding is not about getting your prospects to choose you over your
competition; it's about getting your prospects to see you as the only
solution to their problem." (TM) -- Rob Frankel, branding expert and
author of "The Revenge of Brand X: How to build a Big Time Brand on
the web or anywhere else."
http://www.RobFrankel.com
818-990-8623 or 1-888-ROBFRANKEL
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Received on Wed May 03 2006 - 13:32:13 CDT