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Can I use a competitor's trademark in my advertising in Virginia? What are the requirements?
Using a Competitor’s Trademark in Advertising in Virginia
Based on the Virginia Code, using a competitor’s trademark in advertising without their written permission is illegal and could result in fines and liability for damages sustained by the owner of the trademark [1.1]. Therefore, it is important to obtain written permission from the owner of the trademark before using it in advertising.
There are no specific requirements outlined in the Virginia Code for using a competitor’s trademark in advertising. However, it is important to note that each device or other equipment mentioned in § 46.2-1002 and offered for sale in the Commonwealth shall bear a trademark or name or be identified in keeping with the Superintendent’s regulations and shall be accompanied by printed instructions as to the proper mounting, use, and candlepower or lumens of any bulbs to be used therewith and any particular methods of mounting or adjustments necessary to meet the requirements of this title and any regulation of the Superintendent [1.2].
In addition, timber dealers desiring to adopt a brand or trademark must execute and acknowledge a writing substantially in form and effect as provided in § 59.1-109, which may be proved as deeds are proved in this Commonwealth and shall be recorded in the office of the clerk of the circuit court of the county in which the principal office or place of business of such timber dealer may be and of such other counties as such dealer may do business in [1.4].
In summary, using a competitor’s trademark in advertising without their written permission is illegal in Virginia. There are no specific requirements for using a competitor’s trademark in advertising, but certain regulations must be followed for devices and equipment offered for sale and for timber dealers adopting a brand or trademark.
Source(s):
- [1.1] Using recorded brand or trademark without authority
- [1.2] Trademark or name and instructions required
- [1.4] Timber dealer may adopt brand or trademark; recordation
Jurisdiction
Virginia