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

[Richard Chirgwin]

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?
Janet,

I can't speak for the Trading Post, but I've worked in publishing. 
Publishers really hate getting lawyers' letters from advertisers 
threatening action over someone else's advertisement ...

Usually such arguments take place when one advertiser disses another 
advertiser's product, rather than it being a trademark thing... so there 
you are, as the magazine publisher, finding yourself calling up 
Advertiser B and asking them to change the copy in the advertisement 
because Advertiser A is threatening legal action, and of course 
Advertiser B says "kill the ad and we'll withdraw a full year's 
advertising contract!" - it becomes very uncomfortable.

I don't know what happens to a publisher that ignores the letters, 
because nobody I worked for let it get that far ... the publisher 
generally does whatever it needs to do to remove itself from the debate.

RC
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