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Subject:
Legal Question about Website
Category: Business and Money > Advertising and Marketing Asked by: phnick-ga List Price: $8.00 |
Posted:
17 Aug 2004 12:55 PDT
Expires: 17 Aug 2004 20:25 PDT Question ID: 389092 |
I have a website that sells furniture, www.Northcedar.com , and my prices are generally much lower than competitors. Is it legal to list my competition and what their price for a particular item is?? For example Adirondack chair: Me=$139, Overstock.com=$149, Amazon: $159 I would be specific as to what the product was and use the same make and model. I would not ask permission of the websites or provide a link, just simply research the price and list it compared to my prices. Thank you! |
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There is no answer at this time. |
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Subject:
Re: Legal Question about Website
From: tutuzdad-ga on 17 Aug 2004 13:01 PDT |
I guess so - You just did. tutuzdad-ga |
Subject:
Re: Legal Question about Website
From: joey-ga on 17 Aug 2004 13:02 PDT |
As long as it's not deceptive, it's perfectly legal. Remember the old television commercials MCI used to air comparing their prices to the then-dominant AT&T? |
Subject:
Re: Legal Question about Website
From: tutuzdad-ga on 17 Aug 2004 13:07 PDT |
While we cannot give legal advice, I know of nothing that would prevent someone from making a price or product comparison. Major and minor brands do it all the time on television, newspapers and in many cases even right on the products's packaging. tutuzdad-ga |
Subject:
Re: Legal Question about Website
From: ipfan-ga on 17 Aug 2004 15:35 PDT |
The rule in trademark law is that you may use competitors' names and trademarks in your advertising as long as (a) your statements about your competitors are absolutely, verifiably, true (you should always keep a proof packet of hard copies showing the evidence from which you obtained their prices); (b) you are comparing apples to apples; and (c) you observe all the strictures of what is called the "nominative fair use" defense: ?First, the product or service in question must be one not readily identifiable without use of the [competitor's] trademark; second, only so much of the mark or marks may be used as is reasonably necessary to identify the product or service; and third, the user must do nothing that would, in conjunction with the mark, suggest sponsorship or endorsement by the trademark holder [competitor].? See Brother v. Jardine, (Ninth Circuit, 2003)(http://caselaw.lp.findlaw.com/data2/circs/9th/0157095p.pdf) So, you can use another person's marks to identify that other person's goods or services (which is exactly what you are doing in a comparative advertisement), as long as you follow the rules. |
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