Using competitor brand names in your copy?

So for example, if you sold an mp3 player and wanted to say “a small music player, about the size of an Apple ipod”, is that ok?

I would like it to rank for a competitor brand, talk about it, even praise it, but sell something cheaper. What do you think?

Thanks.

Well maybe you don’t know everything after all? :wink:

Another random example, in a leaflet that dropped out of a national newspaper:

Healthspan COLOR=“DarkGreen”[/COLOR] is not only more convenient but unlike high street stores, that often dress up products with ‘better than half price sales’ we promise permanently low prices all year round. Just take a look at a few of the many examples compared with Holland & Barrett COLOR=“DarkGreen”[/COLOR] to see how much you could be saving by shopping with Healthspan”.

Millions of other examples waiting in the wings…

Paul

I think the key difference is when you’re making a logical comparison verses slanderous statements (which could be deemed harming the other business), it’s also worth pointing out that you can make comments about another business and their product (in a mocking way) as long as it’s implied that the comments are intended to be satirical or opinion (which are both protected under freedom of speech both within and outside Europe). Though as always - I am not a lawyer! :slight_smile:

Think of the ASDA adverts with the Dads Army theme where they say:
‘Tesco has 100 brands at low prices, Sainbury’s had 250 at low low prices… ASDA have a million lower that them…’

(or word to that effect!)

Really? All I see on UK adverts is stuff referring to competitors but not by name, e.g: ‘20% more effective than the leading brand’.

I want to thank ScallioXTX for the link to the 2006 EU legislation on Misleading and Comparative advertising. That 2006 legislation providing comparative advertising guidlines is a big change from the old rules which did not allow comparative advertising at all.

While the EU guidelines are not nearly as relaxed as the U.S., it is certainly an imporvement over the old rules.

Thanks

when you use the word compare, does that mean in the US you are allowed a subjective…“My product A is better than their brand B”?

I’m in the EU, but I don’t want to get into any mine is better than yours type comparisons, just to say that many people who are looking for their brand B might like my product A? I realise you’re not not in the EU, so probably can’t give me detail but I’m interested in what you mean by compare. Thanks.

I think this is called "hidden marketing. However, very not advisable to enter a brand competitors.

In the U.S. you may compare your product to the competition’s product by name. In the EU you are not allowed to refer to the competion’s product.

When doing comparisons in the U.S. remember to credit the trademarks owned by others.

Are you sure about that? I don’t believe that is correct.

In the UK we routinely see large companies (with plenty of legal backup and experience, presumably) and small companies using comparisons that specifically mention another product or brand or company. It’s quite normal. The comparisons typically claim that one product is ‘better’, ‘cheaper’, or ‘higher quality’ than the other named product - that sort of thing.

You will find these explicit comparisons in website content, print advertising and TV adverts.

Paul

The EU legislation on Misleading and Comparative advertising says it’s okay to do comparative advertising, as long as your advertisement adheres to several rules. The most important one to keep in mind imo:

[Comparative advertising is permitted if the following conditions are met:] it objectively compares one or more material, relevant, verifiable and representative features of those goods or services, which may include price;

Click the link above to see all of the rules :slight_smile:

when you use the word compare, does that mean in the US you are allowed a subjective…“My product A is better than their brand B”?

Yes, in the U.S. that is allowed (and not allowed in the EU.)

Hi Brocberry,
I want to do the exact same thing as you. I want my website to allow a customer put in a competitors model number and I suggest to them alternatives we can offer. I have seen it done in USA, but did you get any further info on whether it is legal in EU? I am based in Ireland.