Linking and Liability for Creators [Part VIII]

Now we direct our attention on Trademark infringement. Trademark infringement occurs when one party utilizes the mark of another in such a way as to create a likelihood of confusion, mistake and/or deception with the consuming public. The confusion created can be that the defendant's products or services are the same as that of the plaintiff, or that the defendant is somehow associated, affiliated, connected, approved, authorized or sponsored by trademark owner. As a result, any link that falsely leads the end user to conclude that the web page author is affiliated, approved, or sponsored by the trademark owner could lead to a claim of trademark infringement. An example would be an IMG link that places a trademark of another on the web page as to create such a false conclusion. Such as: Another fine web page by /IMAGE/. (Brad Bolin of www.bitlaw.com)

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