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

Advertising with Competitor’s Trademark in Idaho

In Idaho, using a competitor’s trademark in advertising is generally allowed as long as it does not create a likelihood of confusion among consumers or dilute the competitor’s trademark. However, there are certain requirements that must be met to avoid legal issues.

According to Idaho Code § 48-501, any person who uses a trademark, service mark, or trade name in a manner that is likely to cause confusion or mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, is liable for trademark infringement.

To avoid trademark infringement, the following requirements must be met:

1. The use of the competitor’s trademark must be in a descriptive sense and not in a trademark sense.
2. The use must be in good faith and not for the purpose of confusing or deceiving the public.
3. The use must not suggest that the advertiser’s product or service is affiliated with or endorsed by the competitor.
4. The use must not dilute the competitor’s trademark.

It is important to note that the use of a competitor’s trademark in advertising may still be considered trademark infringement even if the above requirements are met if the use creates a likelihood of confusion among consumers.

Jurisdiction

Idaho

• General