Legal Question in Technology Law in California

Re: Right to Link

You are engaged in competition. Without any other complicating factors Internet linking alone will not create liability. The wording of your link could become problematic depending upon the wording you select. For example if you say "XYZ Chairs are substandard" and link to them you are likely exposed to liability.

I would suggest that you retain a lawyer experienced with the Internet to provide you with an opinion letter for your file so that you preserve your "advice of counsel" defense. At that point and assuming your link language is ok you would be fine.

Please feel free to contact us at www.InternetLitigators.com if we can be of assistance.

Re: Right to Link

Initially I would side with right of free speech as it is not slanderous. However, for a reliable opinion I would need to spend a couple of hours or so researching the electronic communications act. Consider having an attorney on retainer for one small annual fee for questions like this one. Call me directly at 16192223504.

Re: Right to Link

While the right to link is not absolute, under the facts you describe, the party being linked to would be hard pressed to get a judge to order that the link be removed. I am not aware of any case where someone has tried to get a court to so order.

If there is a trademark within the URL, and the implication is that the entity with the trademark has higher prices, then a clever attorney might be able to make a claim for tarnishment, but it would hardly be a slam dunk...

Re: Right to Link

I would have fun with the situation. I would put a big red X through the link and say, "The Link Store B Doesn't Want You To See: Their lawyers have demanded that we take down this link so that you won't be able to easily compare our low prices. In the interest of avoiding litigation we have done so (maybe quote from or reproduce letter from their lawyer). Meanwhile, please search Google for Store B and compare for yourself!"