Can I use products of my competitors as references in my advertising?
December 11, 2023 | 30,00 EUR | answered by Sandra Bittner
Dear competition lawyer,
My name is Karl Böhm and I am the owner of a small company operating in the field of electronics products. Lately, I have noticed that my competitors are manufacturing and selling products of a similar nature. Now I am considering whether it is permissible to use the products of my competitors as a reference in my advertising.
The current situation is as follows: My competitors have similar products on the market that differ in certain functions or features from mine. I would like to highlight in my advertising how my product compares to those of my competitors, in order to convince potential customers of the quality and benefits of my product.
My concern is that I may be in violation of competition law by mentioning the products of my competitors in my advertising. I do not want to risk any legal problems and therefore it would be helpful to hear from you whether it is legally permissible to use products of my competitors as a reference.
What options do I have as a business owner to mention the products of my competitors in my advertising without violating competition law? Are there specific requirements or restrictions that I need to consider in order to legally protect myself?
Thank you in advance for your support and advice.
Sincerely,
Karl Böhm
Dear Mr. Böhm,
Thank you for your inquiry regarding the use of products from your competitors as a reference in your advertising. It is understandable that you are concerned about potential legal consequences and want to ensure that you are operating within the framework of competition law.
In general, it is allowed to mention products from your competitors in your advertising, as long as this is done fairly and objectively. However, there are certain guidelines and restrictions that you must adhere to in order to avoid legal issues.
First and foremost, you should ensure that the statements you make about your competitors' products are true and verifiable. It is important that you do not engage in misleading advertising or make false claims. Therefore, you may only use facts and not make untrue statements about your competitors' products.
Furthermore, you should ensure that you compare your competitors' products fairly. This means that the comparison must be objective and should not serve to disparage your competitors' products. Therefore, you may not make derogatory or defamatory statements about your competitors' products.
It is also important that you disclose and make your sources of information transparent and verifiable. For example, if you use test results or studies to prove the superiority of your product, you should name these sources and make them accessible to everyone.
In summary, it is generally allowed to use products from your competitors as a reference in your advertising, as long as this is done fairly, objectively, and verifiably. If you follow these guidelines, you should be legally safe and not encounter any problems with competition law.
I hope this information is helpful to you and I am available to assist with any further questions.
Sincerely,
Sandra Bittner
Attorney specializing in competition law
