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

Using a Competitor’s Trademark in Advertising in Massachusetts

In Massachusetts, using a competitor’s trademark in advertising without their permission is generally not allowed ^[1.4]. Section 14G of MGL Chapter 93 states that “Sections fourteen E and fourteen F and sections fourteen H to fourteen K, inclusive, shall not apply with respect to advertising or offering to sell, or selling, at retail or at wholesale, as the case may be, if done…where the price of merchandise is made in good faith to meet the lower lawful price of a competitor which is based on a bona fide mark-up over a lower legal cost to the competitor as defined in paragraphs (a), (b), (c) and (d) of section fourteen E.” This suggests that using a competitor’s trademark in advertising without their permission is not allowed unless the price of the advertised merchandise is based on a lower lawful price of the competitor.

Therefore, it is recommended that you obtain permission from the competitor before using their trademark in advertising in Massachusetts.

Source(s):

• [1.4] Advertising or offering to sell or selling at retail or wholesale excepted

Jurisdiction

Massachusetts

• General