Legal Question in Intellectual Property in New York

Web Site from Book

A few years back there was a handbook published about a certain lifestyle. The book was somewhat of a joke but was based on reality. If I wanted to establish an e-commerce Web site with the same theme (not the same name as the handbook) and sell items related to that lifestyle (acting as an affiliate to other Web sites) would I be infringing on any copyright laws? Could the author of the handbook claim that I'm using his idea?

In a related question, if someone is selling an item from a Web site, do I need their permission to form a link from my web page to their product (basically I'm giving them free broker's business). Can I sell the product on my site without a link and charge a higher price (and then turn around and buy it from the original site at the lower price).


Asked on 1/13/05, 5:07 pm

2 Answers from Attorneys
John Friedman Law Office of John K. Friedman

Re: Web Site from Book

You may or may not have some copyright (and or trademark issues): from the facts given it's not possible to tell. As to the links to third-party web sites you may need the permission of the site owner you want to link to if the link is of the "deep" variety.

If you'd like to discuss these issues at no cost, give me a call.

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Answered on 1/13/05, 6:08 pm
Danny Bronski VeriTrademark

Re: Web Site from Book

You must be referring to the hipster handbook. I thought it was hilarious myself. Are there potential copyright and trademark problems...absolutely.

Nothing of value in this life comes for free and neither does my legal advice. However, I emphasize trademark law in my practice (after all...did I not name it VeriTrademark?) and I can definitely provide guidance at an outstanding value. 206-281-0795.

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Answered on 1/14/05, 1:52 am


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