Legal Question in Technology Law in Puerto Rico

Internet Advertising Dispute Question-Sponsorship Linking

Great Service! Thanks for any help in advance:

This is a web advertising link problem. One of our largest sponsors on our site bought a sponsorship on our Classifieds Transportation Section (newspaper site). When the day came for them to send me the graphic to place the link, we realized that their "url" pointed to a new product (auto insurance product). The problem was that they had created a partnership with another local auto classifieds company that is a DIRECT competitor of ours. Not only that, but when you go to our Transportation Classifieds section, see their link and click on it you go to a page that has our competitors name and link all over the place. We are the most trafficked content web site in my area so in other words I am sending our traffic to my competitor's traffic through my sponsor.

How do I deal with that? Does anybody know of similar cases and how did they solve it?

Best Regards and I really appreciate any help or comment I can receive.


Asked on 5/20/98, 12:02 am

2 Answers from Attorneys

Timothy J. Walton Internet Attorney

Web Linking Agreements

I do not believe that the problem you have outlined has ever been addressed by an appellate court in the WWW context. There may be some analogy to existing law, but I have not conducted a search for such legal authority.

Weblinking agreements in general present many potential hazards and pitfalls. Did you enter into any written agreement with the sponsor? Did it contain any non-competition clause? Were you given an opportunity to peruse the site to which you agreed to link? Did the page change after you linked to it, or agreed to link to it?

It sounds as if your sponsor may have violated the spirit if not the letter of your agreement. Before giving any advice about how to handle the situation, I would need to learn more of the facts of the situation. If you wish to discuss this further, you can feel free to contact me outside this forum.

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Answered on 6/15/98, 2:19 pm
Gerald Hershenson Law Office of Gerald M. Hershenson

Web Linking Agreements That Protect

I believe that this issue can be simply resolved if the proper agreements are in place. However, if you can not agree you can refuse to carry the link. I suggest that local legal counsel can address this issue bynegotiation of a contract that will prohibit the referral. If your service is as good as you represent the link has substantial value. If you refuse to carry the link the only loss you will have is the amount that you were going to be paid for the link.

This transmission does not create an attorney-client relationship. We will not represent anyone without a written agreement signed by all parties. Answers to questions are for general information only and should not be construed as legal advice in any particular jurisdiction. If you need legal advice for a specific problem, seek the services of a knowledgeable attorney in your area.

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Answered on 6/15/98, 2:30 pm


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