The television networks and major advertising agencies have developed guidelines for comparative advertising. By following these guidelines, you should be able to legitimately utilize the power of comparative advertising:

1. Be sure that the intent and connotation of the advertisement is to inform and never to discredit or unfairly attack competitors or competing products.

2. If a competitive product is named, it should be one that is truly significant to competition.

Continue reading »

With the rise of comparative advertising in the United States, litigation has followed further defining the rules. Industry leaders state that according to the rules, a comparative advertiser may generally use a competitor’s trademark when advertising the seller’s product, as long as the trademark is used in a truthful way; it is not likely to create confusion in the consumer’s minds as to the source of the product being sold.

Visit www.mlmlegal.com for more information on the legal environment.