Digital Media Law Project
Published on Digital Media Law Project (https://www.dmlp.org)

Home > Avis v. Turkewitz

Avis v. Turkewitz [1]

Submitted by DMLP Staff on Mon, 11/12/2007 - 19:24

Summary

Threat Type: 

Correspondence

Date: 

10/23/2007

Status: 

Pending

Location: 

New York

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Trademark Infringement
Eric Turkewitz is a personal injury attorney who operates a blog. On September 17, 2007, Turkewitz used the Avis and Hertz logos... read full description
Parties

Party Receiving Legal Threat: 

Eric Turkewitz

Type of Party: 

Large Organization

Type of Party: 

Individual

Location of Party: 

  • New Jersey
  • Delaware

Location of Party: 

  • New York

Legal Counsel: 

Fred Grumman

Legal Counsel: 

Pro Se
Description

Eric Turkewitz is a personal injury attorney who operates a blog. On September 17, 2007, Turkewitz used the Avis and Hertz logos in a blog post [2] concerning a federal court decision striking down the "Graves Amendment," a federal law that had abolished vicarious liability for automobile lessors and renters based solely on ownership. On October 23, counsel for Avis posted a comment to Turkewitz's post. The comment asserted that Turkewitz did not have the right to use Avis's trademark and requested that he immediately remove the Avis logo from his blog and refrain from using it in the future.

Turkewitz published a subsequent post [3] explaining his belief that use of the logo was fair and asking his readers for their opinions. He then published a public response [4] to Avis, outlining his argument that use of the logo was protected by the First Amendment as news reporting. At this time, Avis has not taken any legal action.

As of July 7, 2009, it appears that no action has been taken by any of the parties.

Related Links: 

New York Personal Injury Law Blog: Avis Tells Me Cease and Desist on Use Of Its Logo [3]

New York Personal Injury Law Blog: Dear Avis (A Public Response To Your Trademark Complaint On My Blog) [4]

Info/Law: Avis Contests Law Blogger's Fair Use of Logo [5]

The Trademark Blog: Avis Contests Law Blogger's Use of AVIS Logo In Law Blog [6]

Out-Law.com: Blogger warned to delete Avis logo [7]

 

Details

Web Site(s) Involved: 

New York Personal Injury Law Blog [8]

New York Personal Injury Law Blog: Car Rental Immunity Law Held Unconstitutional By Federal Judge [2]

[8]

Content Type: 

  • Graphic

Publication Medium: 

Blog

Subject Area: 

  • Fair Use
  • Trademark
Court Information & Documents

Jurisdiction: 

  • New York
CMLP Information (Private)

CMLP Notes: 

Status checked on 6/02/08 (AAB)

7/7/09 - no new information (CMF)

DMLP Logo


Source URL (modified on 08/20/2014 - 11:04pm): https://www.dmlp.org/threats/avis-v-turkewitz

Links
[1] https://www.dmlp.org/threats/avis-v-turkewitz
[2] http://www.newyorkpersonalinjuryattorneyblog.com/2007/09/car-rental-immunity-law-held.html
[3] http://www.newyorkpersonalinjuryattorneyblog.com/2007/10/avis-tells-me-cease-and-desist-on-use.html
[4] http://www.newyorkpersonalinjuryattorneyblog.com/2007/10/dear-avis-public-response-to-your.html
[5] http://blogs.law.harvard.edu/infolaw/2007/10/29/avis-fair-use/
[6] http://www.schwimmerlegal.com/2007/10/avis_contests_l.html
[7] http://www.out-law.com/page-8624
[8] http://www.newyorkpersonalinjuryattorneyblog.com