Expert: Sean Trapani - 1/30/2007

Question
I opened up a new business..however there many competitors out there. Can I advertise my services while mentioning the other competitors name? Are there any mandatory advertising guidelines when mentioning other competitors?

Thnak you
PHILLIP

Answer
Hi, Phillip

The short answer to your question is, yes. You are permitted to mention other companies by name (although you are not permitted to use their advertising mascots or other trademarked elements). However, the name is fair game. If it is a printed advertisement, you can simply write something like, "Competitor brand (r) is a licensed trademark of the Competitor's company" (Obviously, just fill in the blank with the actual company name.)

Now, all that being said, be very, very careful about insulting the preferences of other people. People have a way of "shutting down" when you speak negatively about their current beliefs, including their beliefs in company A versus company B. Smear campaigns against the competition rarely work (they are the exception, not the rule).

It's better to just come out and bang the drum about what makes you different from the competition. "We're the only ones who..." "We have the best_______ in the industry as proved by this test or survey."

Scream what makes your choice special. And don't waste your breath reminding people of the names of their other options.

That's how I see it.


Sean Trapani