March 13, 2013

Max Sneyd authors “Is Your Business Protected from Cybersquatters?” for the Kerr Russell Intellectual Property Newsletter

There are two important exceptions to this general rule. The first involves comparative advertising. A company can use a competitor’s trademark to refer to the competitor’s goods or services when it compares its own goods or services to those of the competitor. We have all seen these ads and they can be very effective. For the exception to apply, however, the ad and the comparison must be scrupulously truthful. Making untrue and unverifiable statements touting your own goods or services, or criticizing your competitors’ may give your competitor a claim for unfair competition. It may also give the Federal Trade Commission and other government agencies a basis to take action if necessary to protect the public from deception.

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