Any Issues Promoting a Competitor Like This?

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WayneDog

WayneDog

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Mar 17, 2008
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Got a question. I was promoting a product offer and had some of the advertisers trademarked keywords in my campaign. Well they complained about it so I paused my campaigns, found a higher paying cometitor, created a new landing page explaining why product from advertiser B was better than advertiser A and then turned it back on for all those trademarked keywords (some are advertiser A's company name).

My new ads headlines say things like "Product A Doesn't Work" and "Better Than Product A" when people type in the name of advertiser A's product. My question is can I get into any legal trouble for this or run into any problems? I have seen it done before but figured I would ask around here?
 


check the terms and conditions with adverstiser B. It could be a problem, I know blockbuster specifically didnt allow bidding on netflix terms. Although legally fine they could kill your commissions.
 
Illegal

It is actually illegal to bid on trademarked terms unless you have permission from the company that owns the trademark. In most cases the company will just ask you to stop though.
 
It's not illegal... its just against the rules. You can get away with it until the company complains to Google
 
Priority_Mail90 said:
check the terms and conditions with adverstiser B. It could be a problem, I know blockbuster specifically didnt allow bidding on netflix terms. Although legally fine they could kill your commissions.
Click to expand...

It's not against my advertisers terms but it's the other company I am worried about not the one paying me. I was asking if I can get into any hot water for badmouthing their company while promoting a competitor?
 
It's not illegal and Google may or may not shut you down if the other company complains.

If you're claiming that company B's product is better than Company A's though, you'd better have proof or at least state very conspicuously that you are basing that on your opinion (like a review).

And you should follow any of company A's trademarked names or phrases with the appropriate attribution, (tm), (r), (sm)

Check out United States Patent and Trademark Office Home Page

and Web Site Legal Issues (BitLaw)
 
You usually don't actually have to say it's better just raise doubt in the buyers mind
ie
Is product B better than product A?
Find out here blah blah
 
Actually, libel laws apply just as much to the internet as anywhere else, and I'm going to make the assumption that being an American, you're not all that difficult for them to serve, jurisdictionally speaking.
You're basically lowering the standing of their product / company / reputation, in your publication, in the eyes of "right minded" (whatever that term actually means) people.

Kingfish is correct. You need to plant the seeds of doubt, as then you can claim either "editorial opinion" (in which case you need to have, somewhere in small font that no one can read, that the article is simply an opinion and not tested & documented fact), and do so with some subtlety.
If you outright say that the product is inferior, you're committing libel, unless you have empirically tested evidence that shows you're telling the truth (and thanks to America's fucked up legal system, even the truth is not always a defence to libel)

Now, put that in your "Harvey's gay" pipe and fucking smoke it, bitch ;)
 
You can do it, One thing I would go with is what kingfish mentioned. Basically raise the doubt to get them there rather than make a statement. Here is an example and why one is getter than the other

COMPANY A is better than COMPANY
find out the information you
want blah blah blah

Want COMPANY A, COMPANY B could be better
Read this before making a
decision to find out what is best for you

The second leaves them guessing and also gives them the impression that it is more information then sale.
A good thing to do is try to make questions and not statements. All it would take is wording it a little different and you will be in the clear.

The only issue would be if you are not allowed to bid on the term for the offer you are running. Since you said it is fine by them this will cover your ass on booth ends.

Another note. You could do something Like

I Think B is Better than A
You should to......

Make it your statement and not an actual statement if you chose to go that route.
 
This is what happens when you ask a forum for legal advice.

Here's my 2 cents. Company B won't like it if you say their product is better than company A because Company A can hold them libel for you being associated with marketing for their product) saying that. Whether you get in any legal trouble, I don't know, but they may pull the plug on you if they find out.
 
It depends really..
Some companies do not bother, some wouldn't like it.

I say so as I've been in both situations for different niche.
 
turbolapp said:
This is what happens when you ask a forum for legal advice.

Here's my 2 cents. Company B won't like it if you say their product is better than company A because Company A can hold them libel for you being associated with marketing for their product) saying that. Whether you get in any legal trouble, I don't know, but they may pull the plug on you if they find out.
Click to expand...

It's his website, which makes him the publisher.
According to US libel laws that I'm aware of, the publisher is every bit as responsible for transmission of the libel as the author is for writing it in the first place.
If Wayne's writing his own copy, that makes him both the author and the publisher, and the company he's promoting can disavow any authorization of what he's transmitting.

All states except Arizona, Arkansas, Mississippi, Missouri, and Tennessee recognize that some categories of statements are considered to be defamatory per se, such that people making a defamation claim for these statements do not need to prove that the statement was defamatory. In the common law tradition, damages for such statements are presumed and do not have to be proven. Traditionally, these per se defamatory statements include:
  • Allegations or imputations "injurious to another in their trade, business, or profession"
  • ....
Click to expand...
I think outright saying that Product A sucks compared to Product B falls under "being injurious to business", unless he can prove it's true.

I guess 3 semesters of media law at uni has paid off after all...
 
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Thanks guys some really helpful advice here. I'm have already modified my ads and landing pages based on the suggestions provided. Harvey J +1 rep, you know much more than I do about the legal side of things. Good stuff.
 
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