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Q: Legal question regarding copywright and advertising ( No Answer,   2 Comments )
Question  
Subject: Legal question regarding copywright and advertising
Category: Business and Money > Advertising and Marketing
Asked by: paperdrop-ga
List Price: $15.00
Posted: 08 Jun 2006 02:03 PDT
Expires: 08 Jul 2006 02:03 PDT
Question ID: 736335
Hello,

We have a small company that scans paper files, and then prints custom
CDs which the digital files are then stored on.

We want to make a flyer comparing our service to one of our particular
competitor's.  What we want to do is actually show side by side
comparisons... We show their actual CD print right next to ours, we
show their actual scanned image, compared right next to ours, etc.

Their CD print will be obviously recognizable as this particular
company?s; it even has their company logo on it.

We got samples of their CD prints and scanned images from their website.

If we create this flyer and send it out to all their clients as a bulk
mailing, can there be ay possible legal ramifications?  If so, what
laws are we violating, and what can the possible penalty be?

All information is helpful.  Thank you

Request for Question Clarification by answerfinder-ga on 08 Jun 2006 04:27 PDT
Dear paperdrop-ga,

Generally, you are on very dangerous ground here. Comparative
Advertising is a difficult area for businesses. As for the laws you
are breaking and possible court action does depend on where you are
located. This is advice from the Canadian Marketing Association, which
although is specific to Canada, is a good guide as to how infringing
intellectual property may be viewed in most countries.
http://www.the-cma.org/council/comparative.cfm

It would help a researcher to know the country to which you are referring.

Request for Question Clarification by answerfinder-ga on 09 Jun 2006 00:57 PDT
Dear paperdrop-ga,
I'll have to leave to to a US based researcher as US law is not my
area of knowledge. Hopefully one will pick up the baton.
answerfinder-ga
Answer  
There is no answer at this time.

Comments  
Subject: Re: Legal question regarding copywright and advertising
From: probonopublico-ga on 08 Jun 2006 03:48 PDT
 
I reckon that you are likely to get into BIG TROUBLE.

In which country/state are you based?
Subject: Re: Legal question regarding copywright and advertising
From: paperdrop-ga on 08 Jun 2006 11:01 PDT
 
We are Located in California, United States.  Thanks

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