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(g) Affiliate Marketing

D. Expansion of Inwood Standard to “Non-Product” Cases: The “Direct Control and Monitoring” Test: 2. Internet Activity: (g) Affiliate Marketing (i) Introduction

Affiliate marketing is an Internet marketing practice in which an  individual marketer, or “affiliate,” advertises on behalf of  an online retailer and receives commissions for each customer sale referred to the retailer’s website. An affiliate may engage in online advertising to generate sales for many different retailers in the same line of business or in [...]

D. Expansion of Inwood Standard to “Non-Product” Cases: The “Direct Control and Monitoring” Test: 2. Internet Activity: (g) Affiliate Marketing (ii) Keyword Advertising

There has been one case addressing secondary liability arising out of keyword advertising by affiliates. In that case, 1-800 Contacts v.Lens.com, the online company Lens.com was held neither vicariously nor contributorially liable for the alleged trademark infringement in connection with the keyword advertising of one of its affiliate marketers. 755 F.Supp.2d 1151 (D. Utah 2010). [...]

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