another brand name question

[perfectj]

it is ok to advertise a product to be similar to a brand name product, and mention the name of that product in the description? ie "Smells just like Chanel no. 5"

[WoodsWalker]

To my knowledge, this is a vague point of civil law. There is no actual law against mentioning a brand name, as long as you are not saying something bad and untrue (libel), but the people who own the brand name have a right to control how that name is used, to an extent.

 

If you use a brand name in the way that you suggest, and the company who owns it finds out and doesn't like what you are doing, their most likely course of action is to send you a letter demanding that you stop using the name. This does not cost them much and is likely to clear up the problem.

 

If you continue to use the name despite their request, they may choose to take you to court by claiming that your actions have cost them money somehow. This is where the law comes in - if Australian law is similar to British, the judge will use precedent to decide whether the company wins or not.

 

Hope this helps,

~Wendy

[Guest]

it is ok to advertise a product to be similar to a brand name product, and mention the name of that product in the description? ie "Smells just like Chanel no. 5"

If that is the case, it would be a knockoff and you would not be able to sell it without getting into trouble.

[lindsayanng]

you just have to change you wording.. instead of saying SMELLS JUST LIKE.. say "can be compared to.."

 

then you arent saying its an exact copy, and comparing them is just a matter of opinion.

[MrPhil]

Yeah, I see store-brand and cheap generic stuff all the time that says "compare to ________" and lists a major brand name. That's perfectly legal, as you're not disparaging that major brand name (potentially libelous). You're merely implying that yours is just as good (you're so confident, you dare to compare!). You have to be careful, however, about implying that your brand has any connection with the major brand, that might give the idea that it's made or endorsed by the Major Brand Inc. company. "Just as good as" is probably safe, but implying equivalence with some brands might get you into trouble as a knockoff (e.g., the Chanel No. 5 example -- if it smells just the same, isn't it saying not that it's just as good, but that it is the same?). IANAL, so consult an attorney with experience in this area if you're in doubt and/or the stakes are high.

 

This applies specifically to the U.S. In other countries, brand protection might be stricter and such comparisons may be forbidden or more tightly controlled.

[Guest]

You can advertise it as "Comparable to". just as long as your not claiming its the actual item.