[LINK] Re: World's first, ACCC initiates Google legal proceedings

[Adam Todd]

At 10:43 AM 21/07/2007, Janet Hawtin wrote:
>On 7/20/07, Karl Schaffarczyk <karl at karl.net.au> wrote:
>
>Thanks for the explanation. In a non web context, Say in the trading
>post... If I post an add for recycled socks using the anme of a
>company down the road which makes recycled socks who would be
>actionable, the trading post or the advertising person?

It all depends on what your ad says and whether a consumer reading it 
thinks that by coming to you they are doing business with the company 
down the road.

Obviously you can place an ad that reads:

         Ford Laser, 1991 model, good condition, rego till June 07


There is nothing indicating that you are the Ford motor company or 
trying to imply such.

So if your sock ad reads somelike like:

         Used Rio Mens Socks, $2 for 12, phone 1234

Then you aren't saying you are Rio.

However, if you said:

         Hot Items from Rio, Socks $2 for 12, from Rio.

You might be faced with a slightly different result.