Washington Post v. TotalNews

TotalNews created a convenient hub site for linking to some of the most well-known news purveyors on the Internet. Users could link to such household names as The Washington Post, CNN, and USA Today. But instead of merely routing users to their chosen destination, TotalNews presented the linked site encased within an ever-present frame decorated with the TotalNews logo and affiliated banner ads. The Washington Post, along with several other “framed” media heavyweights, sued to enjoin TotalNews from its novel linking practices. Most notably, the media giants worried that the value of their trademarks (and consequently, their cachet with advertisers) would be diluted by unwanted association with TotalNews and its promotional partners. On the other hand, TotalNews argued that the freedom to link is a fundamental right on the Internet. The case settled out of court. Under the settlement agreement, TotalNews acquired a license to link to the media sites, albeit sans frame. The crucial question as to whether commercial sites may link to one another without permission remains unanswered.

More Information

Washington Post v. TotalNews Order of Dismissal

Washington Post v. TotalNews Complaint