From: Dana Blankenhorn <dfblankn_at_bellsouth.net>
Subject: ONLINE-ADS>> Estee Lauder (and Playboy)
This note is in relation to a note by jeremy swinfen green
<swinfen_at_easynet.co.uk> (among others) concerning the suit
by Estee Lauder against Excite (and a somewhat related suit
against the same parties by Playboy).
Putting the merits of the suit aside for a moment, is there
any legal reason why a search via Excite under the keyword
"Estee Lauder," or any related term, *must* find Estee
Lauder, a company with which Excite is engaged in
litigation? The same holds true for Playboy.
In other words, can a trademark owner force a company to
find its trademark as a keyword. Can it demand performance,
in an editorial sense, from an independent body?
I'm just asking here, but if they can't (and I can't find
any reason or precedent under which they could) this could
be the "big stick" search engines like Excite could use
against anyone in a case like this. You want to keep me from
selling ads by your keyword? OK -- your keyword no longer
exists!
Just thought I'd throw that out to the group....
--
Dana Blankenhorn @Have Modem, Will Travel
Home of A-Clue.Com
http://www.a-clue.com http://www.ppn.org/clue
404-373-7634
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Received on Tue Feb 23 1999 - 16:26:35 CST
