![]() ![]() Any data that you use in your comparison must be accurate.That could lead to a case of trademark disparagement. You cannot alter your competitor's trademark in a way that is negative or misleading. ![]() You could use the competitor's logo and the price of its product. You can make a case that your product is of a higher quality and less expensive than the other company's product. An example of this type of use is creating a commercial that uses your mark and a competitor's mark side by side to describe differences. Trademark law allows you to use a trademark in a comparison. What Are Some Comparison Uses of a Trademark? If you write a short play about how teenagers are always on the phone, you could paste a Samsung logo onto the prop phones without committing trademark infringement. If you wrote a piece about overseas car makers, you would have no reason to use the Chevrolet name and logo, unless you specifically mentioned the company in the article for some reason.Īnother informational use of a trademark is as part of a parody or commentary. The name and logo must be relevant to the subject matter. If you decided to make a documentary about the history of trucks in the American market, you would not have to get permission to use the name and logo. You could be writing something in a newspaper or an academic journal. It also doesn't matter where the article is being printed. You can use the word "Chevrolet" and the golden "bowtie" logo. This is true, even if the article speaks negatively of the truck. An informational use is one that informs, teaches, or expresses opinions covered by the right to free speech and a free press as described in the First Amendment of the United States Constitution.įor example, if you write an article describing a new Chevrolet truck that's coming to the market, you don't have to get permission from the company to use the logo. Informational uses, also called editorial uses, of a trademark don't require permission of the trademark's owner. What Are Some Informational Uses of a Trademark? You are using the mark for an educational or news reporting purpose rather than a commercial purpose. For example, if you are writing an article about Apple and you use the symbol for the company in the headline and the body, you are not committing infringement. In plain language, using a trademark is not an act of infringement if you're not using it as a mark. Comparison use: You use it as part of an accurate comparison between products or services.Informational use: You use it to editorialize or educate about a specific product or service.The law allows you to use a trademark without getting the owner's permission for: Can I use a trademarked word in advertising for my product? Just because a company owns a trademark does not mean that another entity can never use it. ![]()
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