Using Third Party Brands In Online Comparisons: What You Can And Can't Do

Look at any website and you will see frequent references to third party trade marks. The majority of these references simply describe the business or products that are being discussed – and that is absolutely fine. Any honest use of a third party's trade mark in a descriptive manner or in a way other than "in the course of trade" is acceptable and would not infringe the owner's rights.

However, there are many situations where you can stray from fair, legitimate use to potentially infringing a third party's trade marks. Comparative advertising – where you identify a competitor or its products or services (either expressly or by implication) - is one of the most common areas where this line can be crossed. So what can and can't you do?