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Can I use a competitor's trademark in my advertising in Maryland? What are the requirements?
Using a Competitor’s Trademark in Advertising in Maryland
In general, using a competitor’s trademark in advertising is a risky practice that can lead to legal issues. However, there are some situations where it may be permissible under certain circumstances.
According to the Frederick County MD Website User Policies [4], you may use the content of a website for personal, non-commercial use, provided you do not remove any trademark, copyright from contents. This means that you may use a competitor’s trademark in your personal use of their website content, but not in commercial advertising.
Additionally, the USPTO Trademark FAQs [5] state that you are not allowed to use a trademark in a way that is likely to cause confusion, mistake, or deception as to the source of the goods or services. Therefore, if you use a competitor’s trademark in your advertising, you must ensure that it is not likely to cause confusion among consumers.
It is important to note that the laws regarding the use of trademarks in advertising can vary by state and country. Therefore, it is recommended that you consult with a legal professional to ensure that your use of a competitor’s trademark is permissible under Maryland law.
In summary, using a competitor’s trademark in advertising in Maryland can be risky and may lead to legal issues. However, it may be permissible under certain circumstances, such as personal use of website content. It is important to ensure that your use of the trademark does not cause confusion among consumers and to consult with a legal professional to ensure compliance with Maryland law.
Source(s):
Jurisdiction
Maryland