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Recommend Ways People Can Use Your Trademark without Your Permission (Email)

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We’ve talked about what competitors can’t say about your trademark.

So what about ways competitors — and others — can use your trademark without your permission?

Here’s a quick list (again, not exhaustive):

-Comparative use. Pepsi famously put its cola to the test against Coca-Cola’s in the “Pepsi Challenge.” Your competitor likewise can use your trademark in trying to sell its goods or services — as long as it’s done so in a way that’s accurate. So, your competitor can say its product is cheaper. It lasts longer. It’s more effective. It can identify your product by name. It even can identify you by name. None of that is trademark infringement or false advertising as long as the comparison doesn’t make a false statement of fact or tend to mislead consumers.


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