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Old 01-10-2002, 09:34 PM   #1
padders
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Default Comparison of Products

I compare my product with someone elses here:
www.deskpro.com/compare.php

They are not happy about this and have been sending me emails threatening legal action. Not sure if they will go through with it or not but I have a feeling they might. Any advice on this sort of thing?
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Old 01-10-2002, 10:17 PM   #2
Ted S
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Subject to the Trademark Infringement act and the trade mark dilution act, you are free to use a trademarked/ marked name for news, commentary or price comparison. You do however have to give full note of the name's mark status (tm, sm, copyright, etc... as you seem to have done) but beyond that you are allowed to use their name.

There are other laws you can be sued under but subject to the major ones (trademark), using another companies name is ok, so long as its purely for price comparison and not for slander, copying, etc.... That's how Burger King gets away with talking about McDonalds.

However, just because your allowed to do something doesn't mean you can't/ won't get sued. Your best bet is to retain a lawyer right now, have them spend an hour looking over everything and advising you on their findings. It shouldn't take long and si by no means required but it will help to make you feel better.

* disclaimer: this advise is furnished through my individual legal studies and is no means meant as definitive or legally correct, check with an attorney before assuming anything about your particular case *
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Old 01-11-2002, 04:57 AM   #3
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Thanks Ted. I will probably be doing that.
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