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If you're in business for yourself, you should already know that someone doesn't have to be able to win a lawsuit in order to file a lawsuit. There's usually at least a legal argument some lawyer can think up to have minimal grounds to file.

And when a lawsuit is filed against you, it costs money in attorney's fees and court costs to defend against it. Big companies know this. They often file a lawsuit to force some action even if they have a small chance of winning at a trial. That's because courts strongly encourage settlement before any case ever reaches the trial stage.

There are no guarantees to ensure that you won't be sued for linking to another site. But there are a few recommendations to seek a safe harbor:

  • Ask permission from the other sites and get their permission in writing.
  • Search the federal trademark database on the Internet to check on registered and pending trademarks to try to avoid using a trademark. But keep in mind, trademark rights may arise even without registration.

  • Think about why you're linking to the other sites, and only link for "honorable" reasons. (In other words, don't take advantage of their hard work and famous status.)

  • Never, ever use a famous logo, cartoon character, or name unless you have permission or are sure it's so old that no one owns rights to it any longer (and seek legal assistance to determine this).


Linking is a good thing for the Internet. It brings the wealth of information to the users' fingertips. And like most businesses on the Internet, I'll keep linking until there's a clear statement from courts that have jurisdiction over my activities saying I can't link without permission. But I will avoid using others' trademarks and copyrighted material.

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