Can I put customer logos on my website?
Written by For Founders Law, a Toronto firm licensed by the Law Society of Ontario. About us
Short answer
Only with permission, ideally in writing. A customer's logo is usually its trademark, and showing it can suggest an endorsement the customer never gave; many contracts also treat the relationship itself as confidential. The simplest approach is a publicity clause in your customer agreement that lets you list the customer's name and logo, with a right to withdraw, and separate written approval for case studies and quotes.
A “trusted by” logo wall is one of the first things early B2B startups add to their site. The legal issues are trademark use, implied endorsement and confidentiality, and all three are handled by getting permission first.
Why do I need permission?
Three reasons:
- Trademarks. A customer’s logo is usually a registered or common law trademark. The Trademarks Act (s. 22) protects owners of registered trademarks against uses likely to depreciate the goodwill attached to their marks, and logos are often protected by copyright as artistic works too.
- Implied endorsement. Showing a logo signals that the customer uses and approves of your product. If that’s overstated, for example a former pilot user shown as a current customer, it can be a false or misleading representation under the Competition Act, which is reviewable conduct under section 74.01 and, if made knowingly or recklessly, an offence under section 52.
- Confidentiality. Many enterprise contracts say the existence and terms of the relationship are confidential, or prohibit any publicity without written consent.
What is a publicity clause?
A clause in your SaaS agreement that permits you to identify the customer as a customer, usually by name and logo in customer lists and marketing materials, following its brand guidelines. Good publicity clauses also say:
- The customer can withdraw permission on notice, and you’ll remove the logo within a reasonable time.
- Case studies, press releases and quotes need separate prior written approval.
- You won’t suggest the customer endorses anything beyond being a customer.
Enterprise buyers often strike this clause. If they do, ask by email later, once the deployment is going well.
What about quotes and case studies?
Get written approval of the final text from someone authorized to give it. Under section 74.02 of the Competition Act, publishing a testimonial is reviewable conduct unless the person who gave it published it first or approved it and gave written permission before you published it, and what you publish must match what they gave. If the person quoted received anything for the quote, such as a discount, disclose it. See material connection.
Quick reference
| Use | What you need |
|---|---|
| Name and logo in a customer list | Publicity clause or written permission |
| Logo in a sales deck | Same, and check the customer’s confidentiality terms |
| Named quote | Written approval of the exact wording |
| Case study | Written approval of the final draft |
| Press release | Written approval, usually from the customer’s communications team |
| Former customer | Remove it, or describe it accurately |
What to do next
We add publicity terms to SaaS agreements and review customer paper as a contract review, at fixed fees on our fees page. For your own brand, see how to register a trademark in Canada.
This guide is general information about Ontario and Canadian law, not legal advice for your situation. To check your marketing permissions, book a free 15-minute consult.
Sources
- Trademarks Act, R.S.C. 1985, c. T-13, s. 20 (infringement)
- Trademarks Act, s. 22 (depreciation of goodwill)
- Competition Act, R.S.C. 1985, c. C-34, s. 52 (false or misleading representations)
- Competition Act, s. 74.01 (false or misleading representations, reviewable conduct)
- Competition Act, s. 74.02 (tests and testimonials)