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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? |
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There is no answer at this time. |
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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. |
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