Using Trademarks in Affiliate Marketing

Using someone else’s trademarks for marketing purposes can pose legal risks for affiliates. Many trademark owners claim that such use is prohibited. However, it is not that simple. Affiliates can use another’s trademarks under certain conditions. The central issue is whether the trademark use is likely to confuse consumers into believing that the trademark user is related to or authorized by the trademark owner. If the use is likely to cause confusion, the use is prohibited. Put another way, an affiliate can use another’s trademark in a keyword, metatag or Web site content if that use is not likely to cause confusion.