[LINK] Re: World's first, ACCC initiates Google legal proceedings
Janet Hawtin
lucychili at gmail.com
Mon Jul 23 09:33:47 AEST 2007
On 7/23/07, Karl Schaffarczyk <karl at karl.net.au> wrote:
> Hi Janet, Linkers,
>
> IANAL, but maybe the lawyers on the list might be willing to put
> forward a hypothetical opinion.
>
> My guess is that it would depend on the extent of the complicity of
> the publication in knowingly publishing the misleading advert, and
> how easily identifiable the advertiser is.
> My understanding is that in most cases the advertiser would be
> pursued, *BUT* if the publication was notified by a trademark holder
> of the infringement, and continued to print the adverts in subsequent
> editions, then the publisher would become liable, at least in part.
> That is, the notification to the publisher, and ignorance by that
> publisher of that same notice would then make the publisher negligent
> or reckless or something.
>
> I am starting to get out of my depth - is there someone else who can
> offer more?
>
> Karl
Has the Trading Post ever been sued for the ads of its contributors?
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