Question

Topic: Copywriting

Can I Mention The Competion's Name In My Website?

Posted by Anonymous on 4/9/2009 at 8:58 PM ET 250 Points
I would like to mentioned the competition's name in my website and say that our product is different and better for certain reasons. Is this legal? Or would I get in trouble for doing so?
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RESPONSES

  • Posted by michael on 4/9/2009 at 9:54 PM Accepted
    That law about not mentioning the competition went out a number of years ago.

    However, you are better off promoting your brand than mentioning the other.

    Michael
  • Posted by Frank Hurtte on 4/9/2009 at 9:56 PM Accepted
    Before add your competitor's name:

    I would talk to a few customers or others. I believe mentioning specific competitors by name is tacky and usually only drives business away. The expection is when that competitor is so well known they are almost an industry standard and you are an upstart.

    here is an instance, AutomationDirect.com mentioned and compared against the largest competitor in their market - a company with 40% marketshare. But, as soon as AutomationDirect acheived any size at all they pulled that tactic.
  • Posted by CarolBlaha on 4/9/2009 at 10:05 PM Accepted
    Think Pepsi - Coke, Dominos- Pizza Hut. They name names all the time.

    You don't mention product, but one line I work with-- we compare genre vs genre. IE, Vinyl vs same product made of rubber. And yes, the mentioned firms bark-- but claims are accurate and we continue. No specific names are mentioned but they know who they are.

    Do you need this in paper-- or should they be a salesperson's talking points? remember literature often hinders sales.

    As Phil said, make sure your represenation is accurate, subjective vs objective.

    Here's another side. I toured the largest carpet manufacturer (billions in sales) and discussion went to one of the largest vacuum manufactuers- and how their product-- trashes their mutual customer (and everyone else's). Carpet guy has the resources to dis anyone-- and the $ to back it up. Lawyers said no-- don't single one out. So, they decided. They sent a letter to the vac manufacturer and said either remanufacture your product, or all my product will come with label, use "only" xyz certified vacs"/

    So, we are marketing profs, not legal experts. It'll cost you $500 to review what you are going to write and put you out of biz if you do it wrong.

  • Posted by wnelson on 4/9/2009 at 10:44 PM Accepted
    Cesar,

    The answer to your question may depend on where you are. The answers you have received to date are all US-based answers (well, I verified this with everyone but Phil - I couldn't tell for sure from his website where he is based - but I believe he's in the US). If you are not US based, you may want to check the laws in your country. In particular, if your competitor has a legal entity in your country and you are not in the US, your country laws may govern the situation.

    I may point out that many companies provide a matrix of features fro their product the competitors' products on their website. As Phil stated, as long as you can prove your claims and properly use the trademark and copyright designation, you are OK.

    One note, however, about using your competitor's name in your advertising or web: You are advertising them too. Suppose someone is searching for a product and your website comes up. If they didn't know about your competitor's product, you've just educated them and in many cases drove them to your competitor's site.

    In particular, naming your competitor if you are the big dog in terms of market share rarely works well for you and in most cases, will help your competitor gain share. A famous case of this was when Coca Cola started naming Pepsi in their ads. Pepsi gained share as a result of that campaign.

    Legal or not - carefully think through all of the possible ramifications of citing your competitors by name in your advertising and website.

    I hope this helps.

    Wayde
  • Posted by kevin.shoesmith on 4/10/2009 at 10:17 AM Member
    Legal or not, why give your competition free publicity. Period.
  • Posted on 4/10/2009 at 1:27 PM Author
    Well, I'm think of this tactic since my website has right now an alexa traffic rank of 8,545,644, while the website I want to compete against has a traffic rank of 76,087. Their most visits come from direct searches by their name, not by keywords we both use in common.
  • Posted by wnelson on 4/10/2009 at 1:50 PM Member
    Cesar,

    As the experts above have said - not a good idea to draw attention to your competitor directly because it's "free advertising" for him. There are other ways to drive up your traffic. Be a content expert - present papers on your site or include a blog. If people are searching by name, then this means they have heard of the competitor more than they have heard of you. The competitor certainly has more going on in their marketing approach then just a website. Do more marketing by other methods to get your name known, also. Write papers for trade magazines. Write on other people's blogs. Link with other people's blogs and websites. Do an email campaign. Advertise. Drive referrals. There are many choices for media/methods of marketing to drive brand recognition.

    Wayde
  • Posted on 4/10/2009 at 2:25 PM Author
    Thanks a lot for you insight Wayde. Much appreciated.
  • Posted by matthewmnex on 4/12/2009 at 8:59 PM Member
    Every body above forgot to ask the simple question - WHERE IS YOUR COMPANY REGISTERED?

    I believe that comparative advertising is permitted in the USA but it is still illegal in MANY MANY countries including the UK.

    before anything, verify your location :) Then if it is legal you can weigh the benefits or otherwise of using it. If not, then it is a moot point and you will have to use the old "the leading brand' fall back :).

    We do successful Internet business globally but our company is registered in Hong Kong so we need to folllow the rules of Hong Kong.

    If you are a US registered company, then you have to follow the rules of the US regardless of where your customers actually are.

    Good luck.

    Matthew
  • Posted by wnelson on 4/12/2009 at 11:23 PM Member
    Matthew,

    Please reread my first post. It says, "The answers you have received to date are all US-based answers (well, I verified this with everyone but Phil - I couldn't tell for sure from his website where he is based - but I believe he's in the US). If you are not US based, you may want to check the laws in your country."

    Not "Every body above forgot to ask the simple question - WHERE IS YOUR COMPANY REGISTERED?"

    This is the first thing I mentioned.

    Wayde
  • Posted on 4/13/2009 at 3:03 AM Author
    My company is registered in the u.s. Already in business over a year.
  • Posted by wnelson on 4/13/2009 at 8:48 AM Member
    Yen,

    A white paper is an article written to explain how to solve a common industry problem. For instance, if you are an accountant, you may write a "white paper" on how companies can organize their expenditures to take advantage of a new tax credit the government created. Or if you are a hybrid car manufacturer, you can write a "white paper" on how to increase the battery life. If you are an online retailer of jewelry, you can write a "white paper" on how to accessorize certain fashions.

    White papers are not advertisements for your product specifically but discusses the use of your product classification. Trade magazines publish articles like this. While not specifically about your product, the common problems you discuss in the paper are ones that your product can solve uniquely - thus, aside from highlighting your expertise in the field, the paper is useful as marketing tool. Does that make sense?

    Of course you may contact me off-forum. Click on my name above the posting and it takes you to my profile. In my profile, you will see an email address.

    Wayde
  • Posted on 5/13/2009 at 1:15 PM Member
    Comparative advertising is not illegal in the UK, otherwise we wouldn't be inundated with tit-for-tat commercials from Asda, Morrisons and Tesco on an hourly basis.

    However, as mentioned above, for a smaller company it can look mean spirited and somehow childish, and also as mentioned above provides promotion for them! Anyone who has not already heard or thought of the other company will immediately google it. I would. Furthermore, again as above, your claims must be bullet-proof or you could find yourself in court.

    There is a reason why more people don't use comparative advertising - I strongly recommend finding another way. Good copywriting should be sufficient. Unless you are in a particularly cut-throat industry such as the supermarkets mentioned above. Remember they have analysists double checking their claims daily to ensure the competition don't change and then have grounds for legal claims.

    It's a quagmire and generally thought as dirty tactics - best to stay away.

    Best of luck

    Charlotte
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