Many of us remember advertising of the sixties, seventies, and eighties, featuring the ubiquitous Brand X.\u00a0 The guys at Brand X where admirable for fielding a product in almost every conceivable industry, yet pitiable, because time after time Brand X’s offering\u00a0failed in the 30 second experiments that punctuated our television programming.<\/p>\n
Brand X is now gone from the marketplace, not because of its many, many failures, but because\u00a0manufacturers no longer need to refer to\u00a0 competitive\u00a0product as Brand X; they can\u00a0specifically mention a competitor’s brand in advertising, and even use the mark\u00a0on product packacing.\u00a0 There are three\u00a0(deceptively) simiple rules govering the\u00a0proper use of a competitor’s mark:<\/p>\n
The use of the mark must be trutthful and accurate.\u00a0 The use should be literally true, but it should also not leave consumers\u00a0with a false impression.<\/p>\n
The use of the mark also must not cause unnecessary confusion.\u00a0 It should be clear that there is no relationship\u00a0with the competitor.\u00a0 The competitor’s mark\u00a0should not be\u00a0so large or prominent that consumers mistakenly beleive that the\u00a0competitor sponsors or endorses the use of tis mark.<\/p>\n
Lastly, the competitor’s mark should not be altered or\u00a0defaced.\u00a0 While\u00a0this last rule is not always\u00a0essential, a violation will almost certainly bring a complaint from the owner.\u00a0The status of the mark, and its true owner, should be properly identified, for example “ACME is the registered mark of Acme Company.”<\/p>\n
Competitors trademarks can be used in advertising and on product packaging, and when done properly, the public benefits from the ability to make a fair comparison and a better purchasing decsion.\u00a0 However, because of the sensitivity all brand owners have toward their marks, the use must be carefully crafted and reviewed by experienced counsel.<\/p>\n
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Many of us remember advertising of the sixties, seventies, and eighties, featuring the ubiquitous Brand X.\u00a0 The guys at Brand X where admirable for fielding a product in almost every conceivable industry, yet pitiable, because time after time Brand X’s … Continue reading