The NY Times was just recently involved in a intellectual property fight
with newspaper publisher Gatehouse Media, over the use of Gatehouse headlines and ledes as part of an aggregator it had set up. Apparently, part of what the NYTimes learned from this episode was that it should go after other aggregators using questionable claims. It's now threatening the site Newser for using a small version of its "T" logo
to link to stories from the NY Times. It's pretty difficult to see how this is trademark infringement. Using a small logo hardly implies endorsement. It's just accurately
labeling where the news is from. It's difficult to see how that's "confusing" at all. This reminds me of a point made recently by Eric Goldman
concerning the AP's "hot news"
lawsuit, where he notes that aggregators are put in a tricky position: if they don't properly attribute the content, they may face a copyright infringement lawsuit, but if they do
properly attribute the content, they may face a trademark infringement lawsuit. Isn't intellectual property great?