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

To use a competitor’s trademark in advertising in North Carolina, you must ensure that your use of the trademark does not create a likelihood of confusion among consumers as to the source of the goods or services being advertised. Under the North Carolina Unfair and Deceptive Trade Practices Act (UDTPA), it is unlawful to engage in any unfair or deceptive act or practice in or affecting commerce, which could potentially include the use of a competitor’s trademark in advertising if it creates a likelihood of confusion among consumers [2.1]([3.1]:).

Using a competitor’s trademark in advertising could also potentially constitute trademark infringement if it creates a likelihood of confusion among consumers as to the source of the goods or services being advertised. In determining whether there is a likelihood of confusion, courts consider a variety of factors, including the similarity of the marks, the similarity of the goods or services, the strength of the plaintiff’s mark, the degree of care likely to be exercised by consumers, and the defendant’s intent in using the mark [3.1].

To use a competitor’s trademark in advertising in North Carolina without infringing on their trademark or violating the UDTPA, you should consider the following requirements:

  • Use the trademark only to describe the competitor’s product or service accurately and truthfully.
  • Do not use the trademark in a way that suggests that your product or service is affiliated with or endorsed by the competitor.
  • Do not use the trademark in a way that is likely to confuse consumers as to the source of the goods or services being advertised.
  • Do not use the trademark in a way that dilutes the strength of the competitor’s mark.
  • Do not use the trademark in a way that disparages the competitor or their products or services [2.1]([3.1]:)[3.1].

It is recommended that you consult with a legal professional to ensure that your use of a competitor’s trademark in advertising complies with all applicable laws and regulations.

Source(s):
Jurisdiction

North Carolina