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Q: Legal Question about Website ( No Answer,   4 Comments )
Question  
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!
Answer  
There is no answer at this time.

Comments  
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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