Google Answers Logo
View Question
 
Q: Banner ad legality ( No Answer,   6 Comments )
Question  
Subject: Banner ad legality
Category: Computers > Internet
Asked by: japple-ga
List Price: $5.00
Posted: 26 Oct 2005 11:52 PDT
Expires: 25 Nov 2005 10:52 PST
Question ID: 585220
Is it legal to have a free banner ad on a website, advertising the
goods or services of another company, without their permission?
Answer  
There is no answer at this time.

Comments  
Subject: Re: Banner ad legality
From: nelson-ga on 26 Oct 2005 14:20 PDT
 
Now why would they mind you sending business their way?
Subject: Re: Banner ad legality
From: japple-ga on 26 Oct 2005 15:18 PDT
 
Maybe because they have no control over it? And it may *appear* as
though they paid for the advertisement. Say I have a KKK newsletter (I
don't) and I put a free ad for Walmart inside. That makes Walmart look
bad. Is it legal? I'm not sure.
Subject: Re: Banner ad legality
From: sparse_prose-ga on 30 Oct 2005 16:28 PST
 
I am thinking 'trademark infringement' as a possibility if they really
wanted to come after you about the matter, but that is just a guess.
This comes from knowing that Wal-Mart, to use your example, has
repeatedly (and usually unsuccessfully) attempted to shut down
websites that parody the Wal-Mart stores - and their legal reasoning
is trademark infringement (dilution).
Subject: Re: Banner ad legality
From: japple-ga on 30 Oct 2005 18:16 PST
 
Yeah, that's possible. I mean, if I was doing a little magazine, and I
put free ads for Mercedes-Benz in the magazine, it would make the
magazine seem a lot more important than it really was, since Mercedes
doesn't advertise in just anything. So I would actually be using
*their* trademark to help sell my product (or at least more
advertising), which makes me think it might be against the rules, but
I'm just not sure.
Subject: Re: Banner ad legality
From: dotcommakers-ga on 31 Oct 2005 04:15 PST
 
hello sir

well as far as i understand.. if the product which that company
selling and you dont have resale rights or master resale rights.. than
you cant sell product.. but if u just want to get affiliate commission
and want to derived customer to their site than you can place banner
ads anywhere without their permission as you are already affilate of
them.
Subject: Re: Banner ad legality
From: politicalguru-ga on 31 Oct 2005 05:02 PST
 
There is another (related) problem, as I see it. Advertising campaigns
are also the product of a particular designer, agency, etc. Using the
same graphic without permission might be infringing those rights. And
using another, "invented" banner , might be against the company's
policies, since it contradicts their marketing scheme.

Important Disclaimer: Answers and comments provided on Google Answers are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Google does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. Please read carefully the Google Answers Terms of Service.

If you feel that you have found inappropriate content, please let us know by emailing us at answers-support@google.com with the question ID listed above. Thank you.
Search Google Answers for
Google Answers  


Google Home - Answers FAQ - Terms of Service - Privacy Policy