Can I use a competitor's trademark in my advertising in California? What are the requirements?

Using a competitor’s trademark in advertising in California is regulated by the False Advertising Law (FAL) and the Unfair Competition Law (UCL). The FAL prohibits advertising that is likely to deceive or mislead consumers, while the UCL prohibits any unlawful, unfair, or fraudulent business practices.

To use a competitor’s trademark in advertising in California, the following requirements must be met:

1. The use of the trademark must be necessary to describe the product or service being offered.
2. The use of the trademark must not mislead consumers into believing that the advertiser is affiliated with or sponsored by the trademark owner.
3. The use of the trademark must not dilute the value of the trademark or tarnish its reputation.

Violating the FAL and UCL can result in civil penalties, injunctions, and damages. Additionally, the trademark owner may bring a separate action for trademark infringement.

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Please note that this response is for informational purposes only and does not constitute legal advice. For specific legal advice, please consult with a licensed attorney.

Source(s):

• [1.2] Shared-Use Facility Compliance Requirements.
• [2.1] Requests to Review Advertising Copy.
• [2.3] Permissible Advertising Content.
• [3.1] Chart: Land Use Changes and Conversion Requirements. [Repealed]

Jurisdiction

California

• General