Know-How Exchange : E-Marketing

I'm not a lawyer, so I can't give you any legal advice. I would say that if the owners of the brands knew that your client's domain names implied an affiliation with their companies, they would have every right to be very upset with the approach and refuse to do business with your client -- even in an affiliate relationship.

What your client is doing is deceitful. Potential consumers have reason to believe that your client is sanctioned, or endorsed, by the brand owner, and that's not the case. They have devoted considerable resources to creating value for a brand name, and your client is appropriating that value for his/her own personal gain -- STEALING it from the rightful owners.

If the domain were www.leviproductsinaus.au, that's different -- though I don't suppose the Levi Strauss Company would like that unless the domain owner was a legitimate retailer. But at least it discloses that the domain might not belong to the brand owner.

I'd say that the basic premise of your client's strategy is dishonest, whether your client is an affiliate or not.

I'll be interested in what others have to say.

The term is cybersquatting and it is viewed with disdain.

Is it illegal? In some cases . . . at least here in the states:

https://kronenbergerlaw.com/practice/cybersquatting.html

Will it create legal problems? You can count on it.

How do the brands feel about it? They feel like you're violating their trademark

Thanks for asking before you move forward. That shows excellent judgement, and I'd work with you any time!

Howeer, I'm not going to mince words here, based on 25 years in marketing, 6 years in emarketing, and (unfortunately) personal and professional experience ( I learned the hard way.)

You are in a more serious situation than you seem to realize. Contact a trademark lawyer immediately to protect yourself from taking any action, even in good faith, from now on.

It may affect you professionally if this person is your client.

Your client is contemplating brand infringement. Companies hire hordes of lawyers to intimidate, harass, and otherwise protect their brand assets.




Win

Winthrop Morgan
Marketing and Communication Consultant
win@winthropmorgan.com
www.winthropmorgan.com

Many of the affiliate programs have restrictions about bidding on brand 'keywords' for search engine marketing, and do not take kindly to companies that ride on their brands. Your client may be drawing pretty close to the line by name association. Each brand name has their own interpretation and could toss you out for crossing the line.