"Claim Profile" businesss operation

Question

Hello,

I am an internet entrepreneur and would like to start a list/scheduling service similar to ZocDoc but for industries that are predominantly consultation based.

I would like a lawyer to review the legality of the following business operation -

1. The internet site lists business "profiles" which are filled with information collected from publicly data sources such as websites, Yelp, or LinkedIn profile

2. Additionally these profiles have "schedules" which list open time slots for a telephone consultation according the businesses hours listed on aforementioned sources

3. Customer picks a "slot" and inputs their contact details

4. The internet site sends via email a notification to the business owner that an anonymous customer would like a telephone consultation at the specified time

5. Full details of the customer is revealed to the business owner provided s/he signs up to "claim" the his/her profile on the internet site. this is sent via email.

6. "Claiming" the profile allows further customers to schedule consultations with the business directly, i.e. without the anonymized customer email step in #4

Answers: 1 public & 0 private

25da12c4d3
Patent Attorney

Internet fora like IPNexus can be very useful in acquiring guidance on specific IP-related matters; business model evaluations are generally best left to private consultations with professional service (legal, accounting, consulting, or otherwise) providers. This being said, I see two potential problems with what you are proposing. One, this activity, similar to what Avvo does for attorneys, very arguably is a violation of those attorneys' rights of publicity and in fact Avvo is a defendant in a class action case here in Cook County, Illinois concerning its alleged violations of the Illinois Right of Publicity Act (see, Bernstein v. Avvo, Inc., http://www.abajournal.com/files/Avvo_Class_Action_Complaint_-_Filed.pdf). Other jurisdictions do/may have laws against appropriating a person's name/likeness, without authorization, for commercial use. Second, regurgitating scraped marketing content used by consultants, to the extent the content qualifies under trademark, copyright, or other legal protection, may create an infringement risk against which DMCA safe harbor or de minimis infringement defenses may not apply. A tertiary matter will be consultants' irritation at their internet marketing footprint being (further) out of their control. More details are necessary to provide actionable advice, and for that you should contact local counsel in private.

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