11 {{ upvoteCount | shortNum }}
11 {{ upvoteCount | shortNum }}

Can I Use BBB Trademark / Logo On Multiple Sites With Different Names?

by RedShifted
8 replies
This is something I've always wondered about because I've gotten letters before from the BBB. And I want to make sure I'm doing things 100% legally.

Say you have 1 business that is registered with the BBB (a clients site).

Then that client has his business name on the site, his logo, his license #, and his BBB trademark.... like a normal business site.

My question is this -

Is it legal for ME to create 3 more sites for that 1 business (my client), then use his BBB trademark on all of MY sites?

Its obvious that lots of businesses already do this (having multiple sites with the BBB trademark). But my question is, at what point does it become deceptive?

Because I have many sites like this. But I don't put the name of the licensed business on all of my sites. I do put their license # and the BBB trademark.

I don't typically put the name of the actual business because I may lose commission if the customer googles that business, finds their site, then contacts the business directly through their website, instead of my affiliate sites. My sites always rank better than the actual business site. So naturally this is a conflict of interest for me. The customers find out the real name of the business once the appointment is set. And its explained rather casually "we have many different sites with different names but the companies actual name is xxxx".

A while ago... when I was new to this, I showed one of my sites to a lawyer.

And he looked at the site and said "what you're doing could definitely be considered as deceptive".

His recommendations were:

1) Put the name of the original business (my clients business name) as clearly as possible, on the top of my site. But put it under the name of the site, in smaller font, and write something like "by xxx company". So you have the name of the site (my site), then under that in smaller letters "by xxx company" (which is the clients business name).

2) Put the license # right underneath "by xxx company".

What I actually did:

1) I put the name of the original business all the way on the bottom of the site using a light, hard to read font (so it still prevents people from Googling the company but if anyone says something the name IS technically on the site).

2) I put the license # on the top of the site, underneath the name of my site. Which I'll admit is deceptive. Because I own the domain and site but its not me who actually owns the license or BBB membership. With that said, I don't see what I could possibly be sued for (maybe I'm being naive?). So I basically smack the BBB logo all over my sites.

Ethically and legally speaking.... is this ok? Or no?

I've actually gotten 2 letters from the BBB in the past (one was for a typo in the license number another was for not using a license number at all). But I want to make sure I'm not setting myself up for any unexpected lawsuits.

I just want to make sure I'm allowed to use the BBB trademark (of my clients) on my own sites.

-RS
#bbb #logo #multiple #names #sites #trademark
  • Profile picture of the author pbarnhart
    The BBB had excellent lawyers. Are they better than yours? It is not what is legal or deceptive or even if you could win or lose. It is what will get you sued. And what you describe will definitely get a nasty letter from the BBB. The company with the BBB rating will also get contacted, and that business will be encouraged by the BBB to take action against you or they risk their BBB license. Using a light, hard-to-read font can also get you penalized by Google.

    Lets be blunt here - you are trying to benefit from the BBB seal without meeting any of their requirements. Ethically you are in the wrong, you know it, or you wouldn't be using all these rationalizations.

    There a numerous trust icons that will accomplish a similar goal of an appearance of trust and legitimacy without legal risk. Here is an interesting survey on what consumers actually value: https://baymard.com/blog/site-seal-trust Check internetconsumerguard[dot]org for a cheap and relatively meaningless knockoff that may do the trick with little additional work on your part and a lot less legal-fu.
    {{ DiscussionBoard.errors[9003284].message }}
    • Profile picture of the author iAmNameLess
      Originally Posted by pbarnhart View Post

      The BBB had excellent lawyers. Are they better than yours? It is not what is legal or deceptive or even if you could win or lose. It is what will get you sued. And what you describe will definitely get a nasty letter from the BBB. The company with the BBB rating will also get contacted, and that business will be encouraged by the BBB to take action against you or they risk their BBB license. Using a light, hard-to-read font can also get you penalized by Google.

      Lets be blunt here - you are trying to benefit from the BBB seal without meeting any of their requirements. Ethically you are in the wrong, you know it, or you wouldn't be using all these rationalizations.

      There a numerous trust icons that will accomplish a similar goal of an appearance of trust and legitimacy without legal risk. Here is an interesting survey on what consumers actually value: https://baymard.com/blog/site-seal-trust Check internetconsumerguard[dot]org for a cheap and relatively meaningless knockoff that may do the trick with little additional work on your part and a lot less legal-fu.
      This is nonsense... How is he in the wrong? And how is he not meeting any of their requirements?

      According to the BBB logo usage policy:
      Placement:
      You may state "BBB Accredited Business" or you may display the logo in the following media: newspapers,
      periodicals, billboards, posters, direct mail, flyers, yellow pages or other directory advertising, telephone, TV
      or radio spots, business cards, stationery, invoices, facsimile cover sheets and other business documents. If
      all your physical locations are within this BBB's service area, you may advertise your accreditation wherever
      you do business. If you have physical locations in areas serviced by other BBBs, your advertising rights are
      restricted to this BBB's service area unless permitted by agreement(s) with other BBBs.

      Now if your client ends up canceling whatever service you're offering, then you can no longer use the BBB logo. They can be your domains, but if its a property for the business as long as it is in the BBB service area you can use it. If someone says you can't, it's like saying a business can't display a BBB logo in their window of an office they're leasing.

      Next, the company does not risk their BBB license, because there is no such thing, only BBB accreditation, and since the BBB is in decline, they want to keep people renewing each year for as long as they possibly can.

      The only potential risk you have is if you're using those websites and claiming a business name that is not the name of the business. For example if the name of the company is american roofing, you can't use a website and claim the name of the company is joe's (location) roofing... but you can use the domain name as the name as long as the client is leasing it from you.

      In their accreditation agreement specific to online advertising it shows:
      Online advertising You may also choose to display the seal to identify your BBB accreditation on your Web site and on Web sites where you advertise so long as the seal clicks to a BBB confirmation page that links to your BBB Reliability Report. You must use the then in effect seal to allow consumers to verify BBB accreditation. You may, at your option, state "BBB Accredited Business" in addition to displaying the seal.

      You may advertise your BBB rating on your Web site and on Web sites where you advertise as long as the advertising can be immediately revised if your BBB rating changes.

      My recommendation.... is to have an image with the company's logo, or some slogan that says... domain.com is a XYZ Company. There's no reason to hide it unless they have a bad reputation, in which case, you have a different service to offer.
      Signature
      {{ DiscussionBoard.errors[9003549].message }}
  • Profile picture of the author Kung Fu Backlinks
    My recommendation.... is to have an image with the company's logo, or some slogan that says... domain.com is a XYZ Company. There's no reason to hide it unless they have a bad reputation, in which case, you have a different service to offer.
    This would likely cut down on the number of people leaving the site, Googling the company's name and contacting them directly.

    Obviously you can't eliminate that risk completely, but you just have to decide which tactic loses you more business - putting the BBB logo on, or leaving it off.

    Not an easy decision.
    Signature
    G+ LOCAL SETUP ___and____ Custom WordPress - Genesis Child Themes (see portfolio here)

    SCHEMA.ORG + GEOTAGGING + KML + PUBLISHERSHIP + so much more...
    {{ DiscussionBoard.errors[9003566].message }}
  • Profile picture of the author shane_k
    So you talked to a Lawyer and he gave you some suggestions


    And now you are coming to a site and asking people who aren't Lawyers for further advice?

    Does anyone else see anything wrong with this strategy?
    {{ DiscussionBoard.errors[9004955].message }}
  • Profile picture of the author Aaron Doud
    The only thing the BBB cares about is that you use the proper logo in the right way.

    They had the dealership switch one of ours to the new version.

    Also we had to link back or something. This was last summer so don't remember all the details.

    Read the rules and use it right and you will be fine. They want businesses to post the logo.
    Signature
    Aaron Doud - Sales & Success
    {{ DiscussionBoard.errors[9004994].message }}
  • Profile picture of the author RedShifted
    @iamnameless, pbarnhat, kungfu and aaron - Thank you all for the advice I appreciate it.

    It doesn't seem I'm doing anything wrong other than not linking the BBB logo. So I will change that up tomorrow.

    @shane-k - The logic I'm using is called "getting more than 1 opinion". If that type of logic is hard for you to understand, then there is no logic in this world that will help you understand.

    -RS
    {{ DiscussionBoard.errors[9005083].message }}
  • Profile picture of the author bizgrower
    Because consumer's like seeing the BBB logo, endorsement/membership,
    I'd do it the straightforward way.

    You could always split test between your current method and the methods
    Nameless and your lawyer suggested. See if you lose any commissions
    because they find the client direct. You should be able to set something up
    so you still get credit for the lead - ad code, discount code, special phone,
    cookies...

    Based upon my subjective - not hard numbers - experience
    with the hotel I manage, I do not think you will lose any
    commissions. At least not a significant amount.

    My customers seem to leave the online travel agencies (OTAs)
    such as hotels.com or booking.com only after they decide to
    come again and directly book with us.

    Most of my customers seem too lazy or surprisingly search
    engine naïve to find us direct. Or, they are creatures of habit
    or want the incentives offered by the OTAs.

    The exception being when they have a bad experience with
    an OTA. There is one affiliate of Hotels.com/Expedia.com
    (they are the same company) I am in the process of fencing
    off so they can't list us.

    My reasons for doing so are that while they do get listed high
    on the search pages, they get numerous complaints about their process.
    They try to represent themselves as the actual hotel and lie about
    cancellation policies and fees and payment processing... They also
    lie about the hotel amenities and distances to attractions. One guest
    told me that this outfit told them we were in a city (legal gambling town)
    that is 25 miles away.

    When consumers really don't like or sense BS, they will not use the lead
    gen - OTAs in my case - sites and then try to go direct.

    Dan
    Signature

    "If you think you're the smartest person in the room, then you're probably in the wrong room."

    {{ DiscussionBoard.errors[9005140].message }}
  • Profile picture of the author nancymalida1
    I think if its a property for the business as long as it is in the BBB service area you can use it. If someone says you can't, it's like saying a business can't display a BBB logo in their window of an office they're leasing.
    {{ DiscussionBoard.errors[9005737].message }}

Trending Topics