Chasing the Competition: Can Comparative Advertising Get You
By Jeffrey A. Babener
Excerpted from Network Marketing: What You Should
Know, Jeffrey Babener, Legaline Publications
MLM consultant practice tips. MLM Companies
are required to file registrations in a number of states which have
adopted MLM Statutes. Specific MLM information must be filed
and specific rights for distributors, including MLM buy back and MLM
refund policies must be addressed in MLM documentation. MLM Legal and
MLMLegal.com and Babener and Associates provides expert MLM Consultant
and MLM Consulting advise on MLM corporate, MLM software, MLM Compensation,
MLM Taxes, etc. MLM Consulting is an important component for MLM startup.
Careful Choice of MLM Software is another component of MLM Corporate.
An MLM Consultant and MLM Law and MLM Legal is part of the MLM Startup
Team. MLM Compensation must be reviewed by an MLM Consulting standpoint
by an MLM Consultant and MLM Legal and MLM Law professional and programmed
by a MLM Software and MLM Technology provider.
The Truth ... and Nothing but the Truth ...
A seller, however, must make sure that the content of the comparative ads is entirely truthful. Sellers may be held liable for unfair competition under federal and state laws if they misrepresent either their own or their competitors' products.
One major case involved U-Haul. Jartran launched an advertising campaign which falsely represented its prices and the quality of its rental trucks and trailers either alone or in comparison with U-Haul, the plaintiff. Jartran also disparaged U-Haul products. The court issued an injunction, pointing out that the defendant made false statements of fact about its own products, and that the advertisements actually deceived or had the tendency to deceive consumers. Therefore, claims of comparative superiority should be true and should be backed up by facts and even testing where appropriate.
The bottom line is that every seller has a right
to truthfully use a competitor's mark in comparative advertising, as long
as that right isn't abused. Even if the seller uses a competitor's
mark in comparative advertising in a way that does not cause a likelihood
of confusion, there may be liability for false advertising or trade libel
if the claims of comparison with the other goods are not 100 percent true
DIRECT SALES consultant practice tips.
DIRECT SALES Raiding issues are a continuous challenge for DIRECT SALES
Companies. Many problems may be avoided by appropriate DIRECT
SALES Legal language in DIRECT SALES distributor agreements and DIRECT
SALES Policies. Guidelines for activity during the DIRECT SALES distributorship
and after the DIRECT SALES distributorship are imperative. DIRECT
SALES Legal and MLMLegal.com and Babener and Associates provides
expert DIRECT SALES Consultant and DIRECT SALES Consulting advise on
DIRECT SALES corporate, DIRECT SALES software, DIRECT SALES Compensation,
DIRECT SALES Taxes, etc. DIRECT SALES Consulting is an important component
for DIRECT SALES startup. Careful Choice of DIRECT SALES Software
is another component of DIRECT SALES Corporate. An DIRECT SALES
Consultant and DIRECT SALES Law and DIRECT SALES Legal is part of the
DIRECT SALES Startup Team. DIRECT SALES Compensation must be reviewed
by an DIRECT SALES Consulting standpoint by an DIRECT SALES Consultant
and DIRECT SALES Legal and DIRECT SALES Law professional and programmed
by a DIRECT SALES Software and DIRECT SALES Technology provider.