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

Use of Competitor’s Trademark in Advertising in Louisiana

In Louisiana, the use of a competitor’s trademark in advertising is generally prohibited if it creates a likelihood of confusion among consumers as to the source of the goods or services being advertised. This is known as trademark infringement and is actionable under both state and federal law.

To determine whether the use of a competitor’s trademark in advertising is permissible, courts in Louisiana apply the following factors:

1. The strength of the competitor’s mark;
2. The degree of similarity between the competitor’s mark and the mark used in the advertising;
3. The proximity of the products or services;
4. The likelihood that the competitor will “bridge the gap” and offer the same products or services as the advertiser;
5. Evidence of actual confusion;
6. The defendant’s intent in using the competitor’s mark; and
7. The quality of the defendant’s product or service.

If the use of the competitor’s trademark in advertising is found to be infringing, the competitor may be entitled to injunctive relief, damages, and/or an accounting of profits.

Requirements

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

1. The use must not create a likelihood of confusion among consumers as to the source of the goods or services being advertised;
2. The use must not be intended to deceive or mislead consumers;
3. The use must not dilute the strength of the competitor’s mark; and
4. The use must not unfairly compete with the competitor.

It is recommended that businesses consult with a qualified attorney before using a competitor’s trademark in advertising to ensure compliance with state and federal law.

Source(s):

• [2.1] General Requirements

Jurisdiction

Louisiana

• General