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 Ebay scam? |
Ebay scam?
My husband recently listed an item on ebay and was paid for it with fake money orders. He has already sent the item and put the money orders in the bank. The bank caught them ... |
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Robert S | Is it illegal for companies to make references to their competitors in their commercials? |
In a commercial or advertisement, is it illegal for a company to say the name of another company that they compete with?
For example, would it be illegal for Dunkin Donuts to air a commercial and say "Don't go to Starbucks, go to Dunkin Donuts, we have better coffee and its cheaper"? I think if they did that it would give them a bad name, but is that legal? Sometimes I notice that companies will make hints about their competitors in their commercials or advertising but they usually don’t use the actual name or logo of their competitor. |
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Lisa E
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They could be sued for slander or even libel if they did that, unless they could PROVE that say...Dunkin Donuts coffee was better, and they can't...because it's subjective. It's all in the opinion of the coffee drinker.. There are also copyright laws that won't allow you to use another companies logo or name, which could apply. |
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Mr. Knowitall
 |
It's not illegal but there are still issues.
Some advertisers think it's a bad idea to mention competitors because they don't want their customers to think about them. For instance, if you say 'We have better coffee than Starbucks' people think 'Well they have essentially the same product as Starbucks, and Starbucks is just down the street!'
I suppose they're also worried about lawsuits. If the competitor perceives that they were slandered, they could sue. Or they might sue anyway. You know how people are these days. 8^)
When I was a kid, Imperial margarine used to advertise they tasted as good as 'the seventy-cent spread'. Meaning butter. They didn't want to mention 'butter'. Maybe they thought people would say 'Hey! You mean this stuff -isn't- butter?' But the funny thing is, today margarine -is- the seventy-cent spread.
But I see TV ads for Saturn cars these days that say they have a Saturn, a Camry and an Accord on their lot and you can test-drive all three back-to-back. I'm surprised they can do that! |
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gomanyes562
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No, it is completely legal. It happens all the time. Many people think that by broadcasting a brand name that someone else has copyrighted, it violates copyright law, but it actually falls under the fair use doctrine and is thus completely legal. Of course, if they provide inaccurate information about their competitor, then they could be sued for libel, but it would be the burden of the competitor to show that the statement is false. |
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_kraygh_
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Yes you need permission to broadcast a brand name. |
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Barry T
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I don't know if there is a legal reason but mentioning your competitors is bad marketing policy. Have you heard the saying "Any publicity is good publicity" so showing or mentioning your competitors brand during your commercial just gives them more business. |
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l_schoger
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Unless Starbucks has a copyright about it, then no, they are fair game,,,,,,and might actually like the attention, actually!!!
McDonalds used to pick on Burger King, same for them, but people started getting law suit happy, that is when the commercials tamed down, or got worse,,..lol....
I could get into a fight with my spouse at a Mc joint, then throw my drink at him, but the company is liable if I slipped on my own drink, lol......that is how ridiculous lawyers are now....... |
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a rectangle curve
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They can reference them indirectly, for exampe every subway commercial in history. But no, they can't say their name. |
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cesc
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Its absolutely fine and legal. It happens often and it is one more marketing technique that gives good results in the short term. |
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