Legal Question in Intellectual Property in Illinois

Re: Advertising

I am an intellectual property attorney and represent many magazine publishers. I am not sure what you mean by "information" since that is a very broad term. What I can tell you, from a trademark perspective is that you should look at the following statute 15 U.S.C. §1114. You can find it at the following link on the U.S. Trademark Office website:

http://www.uspto.gov/web/offices/tac/tmlaw2.html#_Toc52344320

As you will see, there are certain statutory protections in place for publishers and printers that limit exposure to an injunction instead of $ damages.

If you have any other questions, please feel free to contact me off list.

Re: Advertising

Since you've already received a response dealing with the Lanham Act provision, let me address your question in a different way. First, do you have appropriate insurance coverage to protect your business against claims? Second, does your contract with the advertisers provide any representations and warranties from the advertiser as to the accuracy of information? Is there an indemnity provision from the advertisers to your magazine, to cover third party claims?