Know-How Exchange : Advertising/PR

hi rdeema

it depends on the country/market you are operating and the law of the land. for example here in Bangladesh, its completely Illegal to have a competitor brand in ads for comparing specially what you are trying to depict in the ad. Under the law here, you can have a general demo pack (white colored pack with no name on it) and do the comparison but cant show or indicate any competing brand.

so, i suggest you take a look at the existing law of your land or to talk to your legal department or consult a lawyer.

hope that helps.

cheers!!

It depends on where you are and what medium you're using. Some stations, networks, magazines have standards that are different from others (and more restrictive than industry guidelines or laws).

And if you're going to specifically identify the other brand, you are responsible for what consumers THINK you said, not for what you literally said. That means you have to research consumer take-away from your ad or commercial to be sure they don't misunderstand.

Example: If you say that "Ourbrand won't upset your stomach like Brand X can" you can technically support that Ourbrand upsets people's stomachs in a different way than Brand X does. But if consumers think you've said that "Ourbrand doesn't upset your stomach," or if they think that you've said "Brand X [always] upsets your stomach," then you can't run the claim -- whether or not you actually mention the name of the competitor, or whether you can support your literal claim or not.

The other thing to consider is whether you actually increase awareness of the competitive brand by using them in your advertising. Most people don't listen that carefully to an ad, or read the fine print, so you may find that the net take-away isn't that your brand is better than the competitive brand, but that there are two brands available ... and the better known brand will always win out in those situations.

Many years ago this was not legal in the US. You would have to say "A major competitor" or something like that.
Now, you can use their name and image, but if you use an image (example McDonalds) you must make note of it in writing...usually near the bottom.

As you explore this more, you'll start to notice it in other ads.

BUT, you pay attorney fees and we're marketing people.

Michael

If you do it, the message needs to be true, and if it is to be useful, it needs to be about something important to the customer's decision process. And in some countries it is frowned upon or illegal.

If it is being done to you, the reverse should apply -- ie, if it is false and imporant, you can pursue a tort claim for product disparagement.

In some highly regulated markets, where a govt agency overviews claims, a very aggressive message that is hard to substantiate will be open to challenge with the relevant agency.