Comparing Your Products with Those of Competitors’.
I’m asked about this all the time…
Where should marketers draw the line when comparing their products with competitors’. It’s one thing to indulge in “puffery” that says that your product is better than your competitors’, and quite another to imply that your competitors’ products are bad or unsafe.
Here’s an interesting case study on the matter.
Through advertisements for its new low-calorie yogurt, Chobani accused Yoplait and Dannon of adding harmful chemicals into their competing yogurts.
A federal judge ordered Chobani to halt the advertising. He ruled that the actions were in violation of state business laws and the Federal Lanham Act.
“The Lanham (Trademark) Act is the primary federal trademark statute of law in the United States. The Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising.”