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Can I use a competitor's trademark in my advertising in Minnesota? What are the requirements?
Use of Competitor’s Trademark in Advertising in Minnesota
In Minnesota, the use of a competitor’s trademark in advertising may be considered a deceptive trade practice if it is likely to deceive or confuse consumers [1.1]. Therefore, it is important to ensure that any use of a competitor’s trademark in advertising is not misleading or likely to cause confusion.
Requirements
There are no specific requirements for using a competitor’s trademark in advertising in Minnesota. However, it is important to ensure that the use of the trademark is not misleading or likely to cause confusion. Additionally, if the competitor’s trademark is a registered trademark, the use of the trademark may be subject to federal trademark law [1.2].
Legal Action
The attorney general may bring an action against any person violating the deceptive trade practices law in accordance with section 8.31, except that no private action is permitted to redress or correct a violation of this section [1.1].
Conclusion
In conclusion, the use of a competitor’s trademark in advertising in Minnesota may be considered a deceptive trade practice if it is likely to deceive or confuse consumers. There are no specific requirements for using a competitor’s trademark in advertising in Minnesota, but it is important to ensure that the use of the trademark is not misleading or likely to cause confusion. Legal action may be taken against violators of the deceptive trade practices law.
Source(s):
- [1.1] DECEPTIVE TRADE PRACTICES; GAMBLING ADVERTISING AND MARKETING CLAIMS.
- [1.2] TELEPHONE ADVERTISING SERVICES.
Jurisdiction
Minnesota