Likelihood of confusion as to sponsorship

Dear participants,

It is my first time to ask questions, please excuse my English if it is not clear enough.

Some websites use other famous websites' trademark as image links. Some small business websites did not get sponsorship from other companies but they copied other websites' commercial banners and put it on its own web page to enhance their commercial image.

For example, X website was created by a small computer company, for promoting its position in business X website decided to set a image link (Apple's trademark logo ) to Apple Computer's web site and copy an ad banner for introducing Microsoft's new product on its website. That banner is displayed on other website that has real sponsor relationship with microsoft. Of course, X website did not have any relationship with Microsoft.

Does this constitute likelihood of confusion as to sponsorship? Is this based on Lanham Act 43(a)?

The similar situation is: if a small TV company cannot get any commercials from sponsors, can this small TV company record from other channels' commercials and display them on its own channel?

Product commercials need to buy time from TV channels, what if TV channels want to display your commercials at no any charge?

Tony Chang
<wulaw[_at_]primary.net> Received on Fri Mar 27 1998 - 06:56:20 GMT