<i>&gt;I'm interested in opinions about what I should do.. on the one hand</i>
<i>&gt;since I'm a dealer and selling their product ( I don't offer any</i>
<i>&gt;other competing brands) I think they should leave me alone and</i>
<i>&gt;encourage my business, besides, they let me use all their other</i>
<i>&gt;marketing materials!!</i>
<i>&gt;</i>
<i>&gt;On the other hand, I don't want to do something that is illegal</i>
<i>&gt; and causing problems.</i>
<i>&gt;</i>
Without seeing the web page, my advice is somewhat general. But, generally
speaking, it appears that you have unlawfully infringed the copyright they
have on their web page. It does not seem to me that you will be able to
take advantage of a "fair use" defense; nor am I able to say that the
changes you have made would qualify the new work as a "derivative" work.
So, it strikes me that they have the better argument from a legal perspective.
OTOH, there is a business side as well to this dispute and, depending on the
relative strengths of each side (i.e., who needs the other more) you should
seek a royalty free license from them to allow you to market their
goods/services consistent with their marketing efforts, with the same quality.
Lew
Lewis Rose 202-857-6012 (voice)
Arent Fox Kintner Plotkin &amp; Kahn 202-857-6395 (fax)
1050 Connecticut Avenue, NW lewrose@arentfox.com (email)
Washington DC 20036 Advertising and Marketing Law
Advertising Law Internet Site <a href="<a href="http://www.webcom.com/~lewrose/home.html">http://www.webcom.com/~lewrose/home.html</a>">http://www.webcom.com/~lewrose/home.html</a>
Net-Lawyers Mailing List: net-lawyers@lawlib.wuacc.edu
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