Can I use another companies registered trademark in my advertisement or website if I attribute it properly?

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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 5 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.


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