Chasing the Competition: Can Comparative Advertising Get You
in Trouble?
By Jeffrey A. Babener
Excerpted from Network Marketing: What You Should
Know, Jeffrey Babener, Legaline Publications
MLM/DIRECT SALES consultant practice
tips. Many MLM/DIRECT SALES companies choose to provide MLM/DIRECT SALES
Replicated websites for MLM/DIRECT SALES distributors. In addition
to providing camera ready copy for MLM/DIRECT SALES media advertising,
MLM/DIRECT SALES replicated websites provide consistency in the MLM/DIRECT
SALES Opportunity message and prevent erroneous or inappropriate claims
about product, service, earnings and the MLM/DIRECT SALES Marketing
and MLM/DIRECT SALES Compensation Plan. MLM/DIRECT SALES Legal
and MLM/MLMLegal.com and Babener and Associates provides expert
MLM/DIRECT SALES Consultant and MLM/DIRECT SALES Consulting advise on
MLM/DIRECT SALES corporate, MLM/DIRECT SALES software, MLM/DIRECT SALES
Compensation, MLM/DIRECT SALES Taxes, etc. MLM/DIRECT SALES Consulting
is an important component for MLM/DIRECT SALES startup. Careful
Choice of MLM/DIRECT SALES Software is another component of MLM/DIRECT
SALES Corporate. An MLM/DIRECT SALES Consultant and MLM/DIRECT
SALES Law and MLM/DIRECT SALES Legal is part of the MLM/DIRECT SALES
Startup Team. MLM/DIRECT SALES Compensation must be reviewed by
an MLM/DIRECT SALES Consulting standpoint by an MLM/DIRECT SALES Consultant
and MLM/DIRECT SALES Legal and MLM/DIRECT SALES Law professional and
programmed by a MLM/DIRECT SALES Software and MLM/DIRECT SALES Technology
provider.
They Tried Harder ... and Started a Craze
Avis Rent-A-Car changed advertisers' views of comparative advertising due to the enormous success of its "We try harder!" campaign against Hertz Corp. Since that campaign, there has been an explosion of comparative advertising in the United States, accompanied by a lot of litigation on the subject that has further defined the rules.
According to these rules, a seller or imitator may generally use a competitor's trademark when advertising the seller's product, as long as that trademark is used in a truthful way, such that its use is not likely to create confusion in the consumers' minds as to the source of the product being sold.
Over the years, many different legal theories have
been used by competitors in an attempt to stop the use of their names
or products in comparative advertisements. Actions have been brought
for disparagement, trade libel, defamation, trademark infringement, unfair
competition, and misappropriation of a name. The successful cases
have, for the most part, involved false advertising and unfair competition
through the misrepresentation of their products, causing consumer confusion.
MLM consultant practice tips. MLM Raiding
issues are a continuous challenge for MLM Companies. Many problems
may be avoided by appropriate MLM Legal language in MLM distributor
agreements and MLM Policies. Guidelines for activity during the MLM
distributorship and after the MLM distributorship are imperative.
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 a MLM Consultant and
MLM Legal and MLM Law professional and programmed by a MLM Software
and MLM Technology provider.