Hot Links are Making Hot Lawsuits
By Catherine Sansum Kirkman
Internet domain names have been an ongoing source of legal controversy on the Web. Disputes first arose over ownership rights to particular domain names, and then the battle began over who should be in charge of registering domain names. Now, the legality of hot links from one Web site to another has been put into question. All of a sudden, lawyers are claiming that you can't link to their clients' Web sites without legal permission, even though the essence, greatness, and value of the Web is this elegant interlinking capability. What is going on here?
Microsoft, not usually cast in the role of the sympathetic victim, has recently been sued over the hyperlinks on one if its Web sites. Microsoft operates a site called Seattle Sidewalk (seattle.sidewalk.com), an online entertainment guide to the city of Seattle that includes links to the Ticketmaster Web site (www.ticketmaster.com).
Ticketmaster provides automated ticketing services for entertainment events throughout the country and much of the world. It boasts around 2700 remote ticketing outlets and over $1.6 billion in annual ticket sales for its clients. It claims to be the world's largest provider of computerized ticketing services to producers of entertainment events.
Ticketmaster's business strategy on the Web involves using its registered trademarks (including the name Ticketmaster itself) to develop a valuable online asset.