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Question concerning use of other companies' products in company advertisements

by wcripley, Window Shopper

  • Created: February 23, 2011, 3:35 pm
  • Updated: February 23, 2011, 3:35 pm
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4 comments

Hey guys,

 

First time poster here so I apologize if I am not doing this correctly.

 

I am looking to run a print ad and had a question about whether or not I could use other companies' products in my ad.  My company allows customers to put together their own care packages and in my ad I wanted to have a wide assortment of different products in the ad.  Example of brands, Skittles, Pop Tarts, Crest, Charmin, Adidas, Etc. etc.  Is it legal to display other companies products in my ad without their consent.  We have no plans of making the companies look bad or anything like that.

 

Thanks!

Tags: Discuss Popular Topics, Marketing & Advertising
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NicoleD | Former Moderator | 2/28/2011 - 10:19 am

The Federal Trade Commission (FTC) is the main federal agency that enforces advertising laws and regulations. Under the Federal Trade Commission Act: • Advertising must be truthful and non-deceptive • Advertisers must have evidence to back up their claims • Advertisements cannot be unfair Comparative advertising is legal as long as it is truthful. For more information, ask the FTC for the Comparative Advertising Policy Statement. Additionally, it is important to note that comparative advertising still needs to ensure that the competitor's trademark is not altered in any way, and it is clearly conveyed that the advertisement has no affiliation or endorsement from the competitor. You can read more about Truth in Advertising laws at SBA.gov: http://www.sba.gov/content/truth-advertising. The law is still evolving on the use of trademarked keywords for web advertising. The Lanham Act prohibits unpermitted “use in commerce” of trademarks that may “cause confusion, or to cause mistake, or to deceive as to the affiliation… or as to the origin, sponsorship or approval of his or her goods [or] services… by another person.” To better understand your rights and restrictions, you may contact a small business attorney that is familiar with trademark law.

kevind529 | Performer | 2/23/2011 - 5:06 pm

That is a hard question to answer. I would suggest paying a $100 consultation fee and ask a local corporate attorney. They can tell you exactly what you can and cannot do. It would make sense to find out now rather than wait. I think the initial lawyer fee is well worth ensuring you are conducting business appropriately.
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