Advertising to a competitor’s customer base is nothing new. However, targeting those customers through social media algorithms is relatively new and raises questions about the legality of comparative advertising online.
Is it trademark infringement to put a competitor’s name in a hashtag? What about bidding on search terms or saying a brand name in a video? These digital advertising tactics can improve discoverability and help businesses reach a competitor's audience, but they also come with legal risks.
This article is for businesses planning comparative campaigns and brand owners responding to potentially unlawful advertising. It examines the legality of popular social media search engine optimization (SEO) strategies and what brand owners can do to protect themselves from potentially unlawful or misleading advertising on search engines, online marketplaces and social media platforms.
