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

[Karl Schaffarczyk]

After a quick check, the only reported case I can find involving the 
trading post is their suing another paper:

http://www.austlii.edu.au/au/cases/cth/federal_ct/2000/992.html

Karl


At 9:03 AM +0930 23/7/07, Janet Hawtin wrote:
>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?