How? Any site with DSW in the site name? And then be subjected to no safe harbor protection. It is up to DSW to police its own brand and trademarks correctly.
Hell yes any site with "DSW SHOES" in the name! http://www4.law.cornell.edu/uscode/17/512.html Safe harbor has nothing to do with business relationships of this type. The ad seller does not qualify because they have to approve the affiliate. (See the president set by the Roommates.com case) The service allowing an affiliate should have known that a website named DSW-shoes (the NAME and major PRODUCT of a competitor) would confuse even an "idiot in a hurry" their process should have weeded out this affiliate before they were allowed to advertise.
Hell yes any site with "DSW SHOES" in the name! http://www4.law.cornell.edu/uscode/17/512.html Safe harbor has nothing to do with business relationships of this type. The ad seller does not qualify because they have to approve the affiliate. (See the president set by the Roommates.com case) The service allowing an affiliate should have known that a website named DSW-shoes (the NAME and major PRODUCT of a competitor) would confuse even an "idiot in a hurry" their process should have weeded out this affiliate before they were allowed to advertise.