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

Using a Competitor’s Trademark in Advertising in Illinois

Illinois has laws that protect trademarks and prevent their unauthorized use in advertising. Using a competitor’s trademark in your advertising without permission may result in legal action against you.

According to [1.6]" >86 ILAC 140.1025, advertising in regard to tax, any advertising that is false, deceptive, or misleading is prohibited. This includes the use of a competitor’s trademark in a way that could be considered false, deceptive, or misleading.

Requirements for Using a Competitor’s Trademark in Advertising in Illinois

To use a competitor’s trademark in your advertising in Illinois, you must obtain permission from the trademark owner. This can be done through a licensing agreement or other legal means.

Additionally, any use of a competitor’s trademark must be done in a way that does not mislead consumers or create confusion about the source of the product or service being advertised.

According to [1.1]" >86 ILAC 105.900, advertising restrictions, any advertising that is false, deceptive, or misleading is prohibited. This includes the use of a competitor’s trademark in a way that could be considered false, deceptive, or misleading.

Conclusion

In summary, using a competitor’s trademark in your advertising in Illinois without permission may result in legal action against you. To use a competitor’s trademark, you must obtain permission from the trademark owner and ensure that your use of the trademark does not mislead consumers or create confusion about the source of the product or service being advertised.

Source(s):

• [1.1] Advertising Restrictions
• [1.6] Advertising in Regard to the Tax

Jurisdiction

Illinois

• General