Legal Question in Business Law in California

comparison advertisements

I have a product that looks identicle to a competitor's product but their quality is poor. Is it OK to compete against the other company by placing side by side pictures and text that note the advantages of my product versus theres? More importantly, can I put the competitor company's name name in the advertising? Can they sue my company for ''slandering'' even though it's just comparing specs to specs?


Asked on 2/14/07, 12:13 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: comparison advertisements

It's more a question of whether you want to litigate with the competitor. Lawsuits are expensive, and too often won by the wealthier party. Why not save yourself a $100,000 haircut and advertise against "Brand X"?

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Answered on 2/14/07, 2:03 am
Terry A. Nelson Nelson & Lawless

Re: comparison advertisements

They could sue for trade libel/slander. It's best to emphasize the positive of your product, comparing it to others 'generally' without using their name. If you use a comparison picture, ensure it doesn't blatantly identify their product with a label or something like that.

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Answered on 2/14/07, 2:43 pm


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