Monday, July 21, 2014

Can you compare one trademarked product to another trademarked product on your web site by showing the ingredients in both?

Question

Can you compare one trademarked product to another trademarked product on your web site by showing the ingredients in both?



Answer

Normally a business has rights to control how their trademark is used. But in this case, it looks like you have a nominative fair use defense. You are making a comparison of the ingredients of two different products and there is no way to compare the two products without mentioning what they are. Just be careful and show only what is necessary.

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