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

Using a Competitor’s Trademark in Advertising in Tennessee

In Tennessee, using a competitor’s trademark in advertising is generally not allowed if it creates a likelihood of confusion among consumers as to the source of the goods or services being advertised. This is because it may constitute trademark infringement and unfair competition [1].

However, there are some limited circumstances where the use of a competitor’s trademark may be allowed. For example, if the use is considered a “nominative fair use,” which means that the use of the trademark is necessary to identify the competitor’s product or service and does not suggest endorsement or sponsorship by the trademark owner [2].

To determine whether the use of a competitor’s trademark is allowed, it is important to consult with a qualified attorney who can provide guidance based on the specific facts and circumstances of the situation.

Requirements for Using a Competitor’s Trademark in Advertising in Tennessee

To use a competitor’s trademark in advertising in Tennessee, the following requirements must be met:

1. The use of the trademark must be necessary to identify the competitor’s product or service.
2. The use of the trademark must not suggest endorsement or sponsorship by the trademark owner.
3. The use of the trademark must not create a likelihood of confusion among consumers as to the source of the goods or services being advertised.

It is important to note that these requirements are not exhaustive and other factors may also be considered in determining whether the use of a competitor’s trademark is allowed.

[1] T.C.A. § 47-25-511; see also, e.g., AutoZone, Inc. v. Tandy Corp., 373 F.3d 786, 793 (6th Cir. 2004). [2] Id. at 794.

Jurisdiction

Tennessee

• General