Comparative Advertising Law and Legal Definition

Comparative advertising is the use of another company's trademark in order to compare that company's products with its own. Comparative advertising qualifies as a trademark infringement or dilution. If an advertisement does not carefully delineate the competitor's mark from its own and creates a likelihood of consumer confusion, then the use of the mark is infringing. However, where there are no consumer confusion, or dilution, direct claims about another company's product are allowed if the claims are true.