Quote:
Originally Posted by Hentaikid
Anyone ever get into legal trouble for linking to the wrong site? Link to playboy going to penthouse, that sort of thing? Seems a bit of a stretch.
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It's unfortunate that they didn't ask nicely. It is, however, pretty much what trademark is for - you're not allowed to misleadingly use someone's mark to sell a competing product. If the link is misleading, using someone's name but actually delivering a competitor's product, it's infringement. A lot of people claim infringement when it's not (like using playboy.yoursite.com to promote Playboy is probably legal), but this sounds like actual infringement.
Are YOU responsible for infringement on your site that you didn't post? Maybe, maybe not. Now that you've been informed about it, that leans more toward "yes". Kind of like DMCA - a host isn't liable for copyright infringement until they are duly notified of it. Once notified, they must take appropriate action.