Usage of brand names on website

Slattsy

Hey ya,

Im in the processing of developing a website.

But..... can I use everyday brand names on my website ?

Say for example I had a meal/drink and I stated on the website that "I ate a insert brand name here today and I feel sick"..

Thanks in advance.

coylemj

In what context will it be necessary to report on your website that you consumed some well known product and felt unwell?

Your web hosting company will probably shut you down the instant they get a threatening letter from lawyers for insert brand name here.

Bear in mind that not even the most negative restaurant review will say that the reviewer got sick after eating in the particular restaurant. What you say will need to be reported without malice and if a statement of fact it must be true or if an expression of opinion it needs to be in context and reported in a fair and balanced manner.

Slattsy

coylemj wrote: »

In what context will it be necessary to report on your website that you consumed some well known product and felt unwell?

Your web hosting company will probably shut you down the instant they get a threatening letter from lawyers for [COLOR="Red"]insert brand name here[/COLOR].

Bear in mind that not even the most negative restaurant review will say that the reviewer got sick after eating in the particular restaurant. What you say will need to be reported without malice and if a statement of fact it must be true or if an expression of opinion it needs to be in context and reported in a fair and balanced manner.

I understand what you mean but that was just an.example. of course I could say it was lovely.
It may not be about food. It could be clothing, a household product.

Sorry I may not have explained myself properly, I just really want to know if I can use brand names, whether it be good or bad.
What I can also say it nothing would be too malicious,more of a review I guess.

coylemj

There's no probem using brand names in context. The reason why TV and newspapers don't do it is because it might either upset that product's competitors or the readers/audience might feel that they're beng fed subliminal advertising.

Victor

If you sell Acme-brand explosives, then yes you can say you sell Acme-brand explosives. Using logos, etc. may need the consent of Acme.

If you say you don't stock XYZ-brand explosives because they are unstable, then expect to be sued by XYZ.

If you claim to be Acme Explosives Inc, but you aren't, expect to be sued by Acme Explosives Inc.

Slattsy

I see your point.

But I wouldnt be claiming to sell any product. Or buy for that matter.
Without going into to much detail, could I say ABC brand is better than XYZ brand ??

Victor

You could, but you would need to make sure you don't defame anyone.

Tom Young

You'd probably need to be careful that the defamation pointdoesnt arise. Malicious/injurious falsehood still subsists as far as I know.

Slattsy

I'll try simplify it again.
And thanks for your time

Ok so there's Two similar products on the market, something random like washing up liquid.

Could I say one is better than the other and list my reasons why I think its superior?

coylemj

Slattsy wrote: »

Ok so there's Two similar products on the market, something random like washing up liquid.

Could I say one is better than the other and list my reasons why I think its superior?

Since you choose washing up liquids....

ALDI are advertising head to head against well known brands, including Fairy Liquid so if they can do it on national TV I don't see why you can't.

As long as you're not seen to be pursuing an agenda against a particular manufacturer and are fair and reasonable with criticism or comparison you should be ok.

D3sperado

There are strict rules surrounding comparative advertising where you are comparing your own product against a competitors which is what ALDI are doing. The OP seems to be suggesting something else like a review website or something similar. There are a couple of different aspects to this, first as was already stated you would need to be careful not to defame a company e.g. "<insert airline> are a robbing shower of ***** and cut corners in relation to safety". Posting something like this, unless you could prove it was true, would be likely to get you a not so friendly letter from that airline's solicitors.

The second aspect is that you are likely to be using that brands registered trade mark. If you are using the trade marks in the sense of comparing a number of items and setting out our favourite and the reasons for this then you should be ok. As already mentioned you will run into difficulties if you are falsely suggesting some sort of link between the brand and you or favouring brand X over brand Y because you are being paid to do so by brand X.

Slattsy

Thanks lads.

I can safely say there would be no link between a certain product and myself. And no agenda against a product or company either.

So it seems I'm safe to say that a particular product is better than another, and my reasons why. This won't be done in a malicious way either, just my opinion.

RangeR

Slattsy wrote: »

Thanks lads.

I can safely say there would be no link between a certain product and myself. And no agenda against a product or company either.

So it seems I'm safe to say that a particular product is better than another, and my reasons why. This won't be done in a malicious way either, just my opinion.

It would, perhaps, be safer to say "In my opinion, product a is better than product b and these are the reasons."

Therefore you don't have to prove fact. It's only opinion.