Linking Standard to Change? (3:53)

Posted on by Abby Johnson | 1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading ... Loading ...

The case involving Jones Day and BlockShopper threatens the practice of linking on the Web. Attorneys Sarah Bird and Clarke Walton were both surprised by the accusations Jones Day brought against Blockshopper since legitimate links are typically favored online. In this video, the two legal scholars share their opinions on both parties involved.

For those who may not know, BlockShopper is a website that provides home purchasing information for certain geographical locations, and Jones Day is a large law firm. In the lawsuit, Jones Day alleged that Blockshopper infringed upon its trademark by using the name “Jones Day” as the anchor text in the links to the law firm’s website. Two associates from Jones Day purchased homes in the Chicago area and BlockShopper reported the information and linked to their lawyer bios on the Jones Day website.

BlockShopper asked the court to dismiss the case, but the judge refused. Since this video was shot, the companies ended up settling and BlockShopper was forced to change its linking policies. Many bloggers, lawyers and those involved in the Internet industry believe that BlockShopper followed the standard Web linking procedure that all other websites follow.

Clarke says he does not believe Jones Day should have sued on the grounds of a trademark violation. He could believe a copyright or trademark infringement over the use of an image, but not over a hyperlink.

Sarah says that while BlockShopper may raise some privacy concerns in an ethical sense, the real estate site does not violate any laws. She questions the law firm’s understanding of the Internet and Web commerce since links are a positive practice.

In a post regarding the settlement, Attorney Paul Alan Levy of the Public Citizen Litigation Group encourages Internet communities to retaliate against Jones Day by “repeatedly deep-linking from its name, and to its web site, in precisely the ways to which it objects, but which cannot prevent through litigation.” He says the firm’s bullying should not continue.

Posted in: Clarke Walton, Legal, Linking Strategies, News and Events, Sarah Bird, SMX West 2009
Tagged: , , , , , , , , , .
Get the Flash Player to see this player.
Get The Newsletter!

12 Responses to Linking Standard to Change?

  1. LOL, like linking out will every be stopped, LOL.

  2. Mary says:

    Good news in some ways. I don’t care about all the legal technicalities but if I find someone sticking my photo anywhere without my permission I would love to break their necks. Being law abiding people then they obviously had to do go another route.

  3. texxs says:

    What the heck was blockshopper thinking when they settled this lawsuit?

    They had an easily slam dunk case? The jonesday attorneys would have had to pay their legal fees and looked like total incompetents, perhaps even effecting their jobs.

    The good news / bad news for the rest of is that since a settlement was reached, it didn’t go to trial and thus no precedent was set. While this means we are free to link however we want to (mostly), that means this issue could be brought up again by some bully lawyers.

  4. Rodger says:

    This is just another frivolous lawsuit and the 2 attorneys should pay
    the entire court cost, instead of us. Scumbags. (opps, I mean attorneys)
    No, I mean Scumbags.

  5. Carrie says:

    Mary, they did NOT use an image. They only used a hyperlink.

  6. Brandi says:

    I totally agree with texxs, this lawsuit was ridiculous!

  7. The style of writing is quite familiar to me. Have you written guest posts for other bloggers?

  8. jonat says:

    Hello everyone
    (I don’t care so much about JONES, i care about ME)
    Just recently I have discovered that this BS company is putting my name and address online without any authorization, now anyone with google can find my name from my address and vice versa. i have contacted them to remove the info but they declined forcing me to move on to the next step ie file an official complaint. Anyone had this problem too?

  9. What Jones Day Clients Think

    Jones Day can’t protect the logos of their clients. Companies like Chevron, Pfizer, or Bank of America (and dozens of others) have their logos prominently posted on WeBetrayAmerica.com. They’re all a part of WeBetrayAmerica.com! All are associated with corruption, criminal activity, and terrorism against America: WeBetrayAmerica.com. But, maybe BNY Mellon,

    Halliburton, The Washington Post, or Ernst & Young (etc., etc.) profit from collaboration with terrorists and criminals…and don’t mind their logos on WeBetrayAmerica. But, maybe these same companies and others, JPMorgan Chase, Metlife, JCPenny, or TimeWarner (etc.,etc.) rant and rage at Jones Day to get their logos off WeBetrayAmerica…but Jones Day is just too flaccid and impotent to get it done…so really, what good is Jones Day! And all these logos and more stay posted on http://www.WeBetrayAmerica. It’s no longer Jones Day, trademark protection litigators exemplar…but Jones Day, the Big Limp of the legal world. Imagine, website WeBetrayAmerica, written by a bucket-and-brush house painter, outsmarts and kicks the ass of Jones Day! Who needs Jones Day…maybe all you need is Miles and his WeBetrayAmerica

    on our side. Hackers try over 20,000 terrorist attacks to take out http://www.webetrayamerica.com cowardly , don’t you think?And who has such resources-20,000 attacks! Miscreants just hate honesty and truth. The world knows Jones Day exemplifies cowardness, corruption, and criminal activity; do you think …? WeBetrayAmerica.com streams on: freedom and liberty are alive. Check site and read how Warren Buffett does the Big Dance with Katharine Weymouth the Washington Post owner on Health-Care Reform. any question call me Mile 203-570-2214

  10. Did somebody say Video: Linking Practices Threatened after BlockShopper and Jones Day Settle : )

  11. tatil says:

    Clarke says he does not believe Jones Day should have sued on the grounds of a trademark violation. He could believe a copyright or trademark infringement over the use of an image, but not over a hyperlink.

Leave a Reply

Your email address will not be published. Required fields are marked *

*

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>