Bragging Rights
Think your product is better than your competitors'? Be sure you can back it up.
Suppose you've been competing with another business for
customers. You're frustrated about your paltry market
share--and you're convinced your competitor's product is
nowhere near as good as yours. Can you say so in your
advertisements?
Yes, as long as you're prepared to substantiate everything
you say. Federal laws governing advertising allow businesses to sue
each other over false or misleading claims, whether they're
about your own product or your competitors'. Whether you're
advertising on radio or television, in print media or even on the
Internet, if you disparage a competitor's product without solid
evidence, you could be held liable for the competitor's
losses.
Steven C. Bahls, dean of Capital University Law School in
Columbus, Ohio, teaches entrepreneurship law. Freelance writer Jane
Easter Bahls specializes in business and legal topics.
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