This is a guest post by Andrei Mincov, copyright and trademarks lawyer with over 15 years of Canadian and international experience. He is the force behind Mincov Law Corporation, a business law firm for clients who value intellectual property as a legal tool for protecting ideas and creativity.

“More and more businesses are relying on affiliates to discover new markets for their products and services. This arrangement offers many advantages to the business: cost-effective customer acquisition at a fixed cost, outsourced marketing efforts, improved SEO and brand visibility.

Affiliates are pushing the envelope to get the most out of this arrangement. To end up on top of organic and paid searches, they often aggressively use trademarks as keywords in their landing pages and adwords campaigns.

Not surprisingly, many businesses are concerned that they will not be able to properly control the use of their trademarks or the content and quality of advertisement that affiliates use to promote their products or services.

The question is then, what are the legal implications of using the trademarks by affiliates? (more…)