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raymor · 10-20-2011, 12:51 PM

Does the email from them specifically mention the affiliate program?

This is an estoppel case. You have several grounds for estoppel, including promissory. Because they allowed you to use trademark for some time and you made an investment in reliance on that permission, they can't now change their mind and take back that permission to use their trademark in the way described in the email.

HOWEVER, you also agreed to their affiliate agreement, which probably gives them the right to terminate your affiliate account without cause. So they've given up some rights under trademark law, but probably not given up their general right to stop doing business with any affiliate at any time.

So the question then becomes "does their email give permission to use their trademark ONLY for the affiliate program, or do you have the right to use it for some other purpose?" Obviously to answer that question one had to look at the exact wording of the email exchange.

10-20-2011, 12:51 PM
raymor Confirmed User Join Date: Oct 2002 Posts: 3,745	Does the email from them specifically mention the affiliate program? This is an estoppel case. You have several grounds for estoppel, including promissory. Because they allowed you to use trademark for some time and you made an investment in reliance on that permission, they can't now change their mind and take back that permission to use their trademark in the way described in the email. HOWEVER, you also agreed to their affiliate agreement, which probably gives them the right to terminate your affiliate account without cause. So they've given up some rights under trademark law, but probably not given up their general right to stop doing business with any affiliate at any time. So the question then becomes "does their email give permission to use their trademark ONLY for the affiliate program, or do you have the right to use it for some other purpose?" Obviously to answer that question one had to look at the exact wording of the email exchange. __________________ For historical display only. This information is not current: support@bettercgi.com ICQ 7208627 Strongbox - The next generation in site security Throttlebox - The next generation in bandwidth control Clonebox - Backup and disaster recovery on steroids