Can I use another companies registered trademark in my advertisement or website if I attribute it properly?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I use another companies registered trademark in my advertisement or website if I attribute it properly?
Or is it absolutely not allowed? I want to do something similar to the Pepsi vs Coke challenge from a few years ago.
Asked on December 24, 2015 under Business Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
No, you cannot use their trademark without their permission. You can name them so long as you don't use the actual trademark. Take Google: the Google logo is trademarked, but a competing search engine could say, "we provide more results than Google" so long as they don't use the logo/trademark in their advertising. So you can name your competitor, but don't use any of their registered marks. (And if you do name them, make sure everything you say is provably true, or else you could face liability for false advertising.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.