(Total Views: 545)
Posted On: 08/04/2020 8:55:36 AM
Post# of 32973
Great point Yogi. I could very well be over-thinking it.
At very least I find it interesting that a company whose market cap in the tens of millions is calling out not just one company, but two, whose market caps are in the tens of billions.
When in doubt, look it up, so I did. You are correct that it is ok, but must be truthful and not deceptive.
https://en.wikipedia.org/wiki/Comparative_advertising
"United States[edit]
The FTC and the National Advertising Division of the Council of Better Business Bureaus, Inc. (NAD), govern the laws of comparative advertising in the United States including the treatment of comparative advertising claims. FTC stated that comparative advertising could benefit consumers and encourages comparative advertising, provided that the comparisons are “clearly identified, truthful, and non-deceptive”.[33] Although comparative advertising is encouraged, NAD has stated “claims that expressly or implicitly disparage a competing product should be held to the highest level of scrutiny in order to ensure that they are truthful, accurate, and narrowly drawn.”[34] Another major law is the trademark protective Lanham Act, which states that one could incur liability when the message of the comparative advertisement is untrue or uncertain, but has the intention to deceive consumers through the implied message conveyed."
At very least I find it interesting that a company whose market cap in the tens of millions is calling out not just one company, but two, whose market caps are in the tens of billions.
When in doubt, look it up, so I did. You are correct that it is ok, but must be truthful and not deceptive.
https://en.wikipedia.org/wiki/Comparative_advertising
"United States[edit]
The FTC and the National Advertising Division of the Council of Better Business Bureaus, Inc. (NAD), govern the laws of comparative advertising in the United States including the treatment of comparative advertising claims. FTC stated that comparative advertising could benefit consumers and encourages comparative advertising, provided that the comparisons are “clearly identified, truthful, and non-deceptive”.[33] Although comparative advertising is encouraged, NAD has stated “claims that expressly or implicitly disparage a competing product should be held to the highest level of scrutiny in order to ensure that they are truthful, accurate, and narrowly drawn.”[34] Another major law is the trademark protective Lanham Act, which states that one could incur liability when the message of the comparative advertisement is untrue or uncertain, but has the intention to deceive consumers through the implied message conveyed."
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