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

To use a competitor’s trademark in advertising in Mississippi, the use must fall under one of the following categories:

Requirements for using a competitor’s trademark in advertising

1. Comparative advertising: Comparative advertising is allowed in Mississippi as long as it is truthful and not misleading. The use of a competitor’s trademark is allowed as long as it is necessary to make a truthful comparison between the products or services being offered ^[1.1].
2. Nominative fair use: Nominative fair use is allowed in Mississippi when the use of a competitor’s trademark is necessary to identify the competitor’s product or service. The use must not suggest that the competitor endorses or is affiliated with the advertiser ^[1.1].
3. Parody: Parody is allowed in Mississippi as long as it is not likely to cause confusion or dilution of the competitor’s trademark ^[1.1].

It is important to ensure that the use falls under one of these categories and does not infringe on the competitor’s trademark rights.

^[1.1] provides information on the requirements for using a competitor’s trademark in advertising in Mississippi.

Source(s):

• [1.1] Title of chapter.

Jurisdiction

Mississippi

• General