Welcome | View My Profile | Sign Out
MediaPost Home About MediaPost Privacy/Terms Media Kit Sitemap
Publications Home News
Online Media Daily Media Daily News Marketing Daily Mobile Marketing Daily Search Marketing Daily
Daily Feed> Email Daily Feed> Video Daily Feed> Social
Online Blogs
Online Spin Email Insider Search Insider Behavioral Insider Online Publishing Insider Mobile Insider Video Insider Gaming Insider Performance Insider Metrics Insider Social Media Insider Just An Online Minute Daily Online Examiner Raw Blog
Media Blogs
Research Brief Diane Mermigas:On Media TV Watch TV Board Magazine Rack Media Creativity Notes From the Digital Frontier Digital Outsider Mad Blog Red White and Blog
Marketing Blogs
Engage:Hispanics Engage:Kids 6-11 Engage:Moms Engage:Boomers Engage:Gen Y Engage:Teens Marketing:Green Marketing:Sports
Magazines
OMMA Magazine Media Magazine
Subscribe
Feedback Loop RSS Feeds Archives Subscribe
Dec 2 Search Insider Summit (Utah) Dec 6 Email Insider Summit (Utah) Jan 11 OMMA Agency of the Year (NYC) Jan 12 MEDIA Agency of the Year (NYC) Jan 26 OMMA Social (San Francisco) Jan 27 OMMA Performance (SF) Feb 24 OMMA Metrics Measurement (NYC) Feb 25 OMMA Behavioral (NYC) Mar 15 OMMA Global (San Francisco) Apr 14 Search Insider Summit (FL) Apr 18 Email Insider Summit (FL)
Recently Concluded Events
Nov 3 OMMA Adnets (NYC) Oct 30 OMMA Video (LA) Oct 29 OMMA Mobile (LA) Oct 29 OMMA Mobile & Video (LA) Sep 23 Creative Media Awards (NYC) Sep 23 The Future Of Media (NYC) Sep 22 Online All Stars (NYC) Sep 21 OMMA Awards (NYC) Sep 21 MediaPost Live at Advertising Week All-Access (NYC) Sep 21 OMMA Global New York (NYC)
All MediaPost/OMMA Events Event Blogging Past Event Videos
Industry Events Calendar
2010 OMMA Agency of the Year 2010 MEDIA Agency of the Year
2009 Creative Media Awards 2009 OMMA Awards 2009 Digital Out-of-Home Awards 2009 Media Agency of the Year 2009 OMMA Agency of the Year
All Awards
Employment Situations Wanted Services Offered Post a Job
Briefs Reports Online
MediaPost Directories
Mobile Insiders Group
People Finder Edit My Profile View My Profile My Contacts My Calendar
HOME • MANAGE SUBSCRIPTIONS • MEDIA KIT
Law Firm's Case Against Blockshopper Allowed To Continue
by Wendy Davis, Friday, November 14, 2008, 7:01 AM

SHARE

TOOLS

RELATED ARTICLES
TAGS:  Legal, Online

MOST READ

BlockShopperA federal judge Thursday refused to dismiss a case brought by the law firm Jones Day against online publisher Blockshopper.com, accusing it of trademark infringement for having linked to the law firm.

But in a partial victory for the local real estate news company, the judge, John Darrah of Chicago, said that the lawsuit could only go forward against Blockshopper and not company principals Brian Timpone and Edward Weinhaus.

A written copy of Darrah's order was not available as of Thursday evening, so the reasons for his decision are not clear.

Jones Day brought the lawsuit in August, after Blockshopper published two articles about lawyers Jacob Tiedt and Dan Malone, Jr., who had recently purchased homes in the Chicago area. Those articles used the name "Jones Day" in the headlines and also linked to the associates' profiles on the firm's Web site.

Jones Day argued that these articles violated its trademark because they used the firm's name and linked to the site without authorization. The law firm asserted that the links might mislead people into thinking it was affiliated with the site.

Blockshopper asked for the case to be dismissed, arguing that there was no realistic possibility that consumers would confuse the real estate site with the law firm. The news company also argued that Web publishers don't need the permission of the people or companies they write about to mention their names or link to their Web sites.

"Fortunately for Blockshopper and other news media, Jones Day can no more stop the accurate news reports on www.blockshopper.com than it can stop articles in The Chicago Tribune, www.cnn.com, or any other print or electronic news source," Blockshopper's attorneys argued.

Jones Day had argued against dismissal, saying it was not appropriate at an early stage of the case because all of the facts had not yet come out.

The case drew the attention of digital rights groups including Public Citizen and the Electronic Frontier Foundation, who attempted to file friend-of-the-court briefs. Darrah Thursday denied their motion to get involved in the case.

2 people recommend this article. 



AUTHORS

ARCHIVES

Recent Online Media Daily Articles
'Grey's Anatomy' Sires Web Series Spin-Off   
Extending one of its more popular brands online, Disney/ABC Television Group on Thursday debuted an original...
New Dynamic Logic Service Brings In-Ad Surveys   
As an advertiser, how would you like to get instant feedback on an online ad right...
Social Media Fires Up Video Game Marketing   
Facebook and Twitter campaigns have fueled the fire of video game marketing by augmenting traditional widgets...
Study: Consumers Value Traditional Attributes In Online Brands   
While Google remains consumers' favorite online brand, Yahoo and Amazon are not far behind, according to...
Microsoft Targets Television Advertisers For Xbox Live, Embeds Nielsen Measurement In-Game   
Supported by Nielsen, Microsoft unveiled the first pilot Thursday on the second season of the Xbox...
Lawmakers, Inching Toward A Privacy Bill, Question 'Data-Mining Reapers'   
Lawmakers Thursday questioned whether businesses are amassing too much data about consumers without their knowledge or...
Most Mobile Users Indifferent To Or Don't Want Ads   
Nearly four in 10 consumers don't want to receive mobile ads for any reason -- and...
LinkedIn Launches Custom Groups For Marketers   
Expanding its monetization efforts, LinkedIn is launching a new program allowing marketers to create sponsored groups...
Judge Green-Lights Class-Action Against Citysearch   
Dealing a blow to IAC, a federal judge has decided that disgruntled online marketers can proceed...
Verizon App Offers All-In-One Easy Access to Social Nets, Twitter   
Verizon Wireless has partnered with iSkoot to launch an application promising easy access to popular social...
>> Online Media Daily Archives 
ABOUT MEDIAPOST • MASTHEAD • MEDIA KIT • RSS FEEDS • PRIVACY/TERMS & CONDITIONS
©2009 MediaPost Communications. All rights reserved.
1140 Broadway, 4th Floor, New York, NY 10001
tel. 212-204-2000, fax 212-204-2038, feedback@mediapost.com