Change Product Page To Different Product - Legal Action?

Discussion in 'Legal Issues' started by ched, Feb 1, 2013.

  1. #1
    A show that has been listed on my site for 5 years has now decided that they no longer want to use an affiliate program. So I have removed all their images and stated that the show is no longer at the venue. Which is true. They had to move to an alternative venue due to a cease and desist notice!

    I am suggesting to my visitors they might like another show (that has an affiliate program) and giving a link to the alternative show.

    The original show are threatening to sue me because 'their' customers might be directed to the other show.

    To me they are my visitors and I can show them any links I like. I am in UK site hosted in US. Both venues in UK.

    What do you all think?

    Should I remove all pages that used to list the old show or just state old show no longer at old venue and say if you like tribute type shows there are some here: and link to the other venue that has an affiliate program?

    Thanks
     
    ched, Feb 1, 2013 IP
  2. xanth

    xanth Active Member

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    #2
    I don't understand the context of what is going on. You need to better explain where the links are, how the affiliate program works and why this old show might be upset that you're giving your visitors links to a new show. What site is it?
     
    xanth, Feb 1, 2013 IP
    ched likes this.
  3. ched

    ched Active Member

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    #3
    Thanks for your reply.
    Simply show1 used to use affiliate1. They have stopped using affiliate1 and moved locations. Show2 are also using affiliate1. So pages that used to display info and links to buy show1 tickets now say 'show1 is no longer showing at X venue' but if you like that type of show follow a link to Show2.
    Show1 are threatening me for steeling 'their' customers who are actually my site visitors.
    Affiliate program is purely a commission based on ticket price sold.

    I am avoiding listing site in case legal action does proceed.
     
    ched, Feb 1, 2013 IP
  4. xanth

    xanth Active Member

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    #4
    It's difficult to say without seeing the page whether there is legal action. However... there is a bad smell of it that is similar to trademark law, which might apply. Does the page have the name of the show on it? Was it a generic link to the page of the venue, e.g. Now Appearing at the Blow Mo Theater. If you say that the prior comedy show you promoted is no longer there, this troupe would have a difficult time making a case. However, if you're actually using their name to promote links to another show, I'd say that morally (for sure) and legally you may have a problem. After all, aren't you using the name of their show (their trade name, perhaps) for the purposes of making money? I don't know where you're located but in the US, even if you don't have federal rights (all over the country) there might be common law and state rights that exist in a local area. My feeling is that if morally something really feels wrong, you have your answer as to what you should do.
     
    xanth, Feb 1, 2013 IP
  5. ched

    ched Active Member

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    #5
    Thanks very much for the info. The show's name is not trademarked at all! To be honest there is a bit of bad blood between us. They threatened legal action on me because they received a cease and desist notice on one of their shows. They were found out because of a website that was not mine and they threatened me because they thought it was my site!!! You should have seen the emails they sent me!!! I believe this is why they moved venues!!! They were performing a show without the copyright holders permission! After I informed them the site in question was not mine they did not even apologise for the stress they caused me. So when they stopped using an affiliate program I just edited the relevant page to show alternatives to their show.
    So I think I will be the bigger person and redirect the old pages to my home page with a 301 redirect.

    Thanks again for your wise words. You have helped me calm down and take a step back.

    Thanks.
     
    ched, Feb 1, 2013 IP
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  6. brandama

    brandama Member

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    #6
    Hi Ched,

    If you simply state the facts on your web page you will be just fine. Put a notice on the site before the alternatives you suggest stating that the info you have about the company is no longer valid (and your are leaving it for historical reasons), and you have discontinued your relationship with the company. Then post your alternatives.

    Of course they may sue and waste your money, but you would prevail. In the end, it might just be easier to 301 it.

    Best Regards,
    Brandama
     
    brandama, Mar 8, 2013 IP