Likelihood of Confusion

"Likelihood of confusion" is the standard courts use to decide claims of trademark infringement as well as a fair description of the state of intellectual property, and discussions about it, in the 21st century.

Tuesday, February 22, 2005

Deep, Man

Apropos the Bates Line / Tulsa World dustup, Kevin Heller reminds us that deep linking can be a problem -- if you promised in a contract that you wouldn't link. And he reminds us, astutely, that a contract can include a website user agreement.

The flip side: If that's your angle, content owner, you'd be well advised to say so in your cease and desist letter, and not merely default to a copyright claim.
Posted by Ron Coleman at 10:26 AM
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