Here's an ad that's running on Facebook:
If you click it, it goes to a get-rich-quick site run by a guy named Kevin Hoeffer. The problem for Mr. Hoeffer, I think, is that it's unlikely that Katie Couric gave permission for her image to be used in a commercial ad. This is a violation of her right of publicity.
I just lobbed a message into Facebook informing them about it.
Likely a violation of CBS's copyright in the image as well.
Posted by: Glomarization | February 12, 2009 at 10:22 AM
Good point.
Posted by: Mithras | February 12, 2009 at 10:50 AM
Can I geek some more? CBS may also have a claim of trademark infringement on the ground that Hoeffer is falsely implying that CBS endorses his service. Don't quote me on that one, though; I haven't finished up my Trademark and Unfair Competition study outline yet because the exam isn't until late next week.
Posted by: Glomarization | February 12, 2009 at 12:39 PM
Hmm. I don't see CBS's trademark anywhere in the photo. Couric's face is not a CBS logo. Maybe the map is covered by trade dress? I doubt it can be copyrighted.
Posted by: Mithras | February 12, 2009 at 01:09 PM
It's not a question of CBS's trademarked logo or its trade dress, but a question of Hoeffer implying that CBS endorses his service, or that CBS has favorably reported about his service on Couric's news show. False advertising is considered a type of trademark infringement; it's section 43-something in the Lanham Act.
As for CBS being able to copyright the map, I bet they could, because they've altered it so much. National Geographic and Rand McNally copyright their maps all the time, and they would win in court if you photocopied their maps and sold them as Mithras's Super Atlas for Road Trips. The underlying data they got it from is what is not copyrightable -- the closer you get to raw data, the less copyrightable the material is.
Posted by: Glomarization | February 13, 2009 at 09:36 AM