Legal Question in Intellectual Property in New York

Advertising Question

My company is interested in starting a new advertising campaign for our new product which is a billing manager. Our leading compeition is another company with their software We want to launch a campaign similar to a big computer corporation's campaign, basically we want to make a parody of it.

Anyway, my question is...Is this legal? Can I do this without being sued?


Asked on 7/25/03, 6:04 pm

3 Answers from Attorneys

Sarah Klug Law Office of Sarah Scova Klug PLLC

Re: Advertising Question

You are on a slippery slope and I strongly suggest you retain counsel to advise you about your specific situation. In fact, you may want to find an attorney who specializes in advertising rather than intellectual properties.

Good luck,

Sarah Klug

Read more
Answered on 7/29/03, 7:20 pm

Re: Advertising Question

Advertising content is governed by both NY state and by Federal law. It is possible to create a successful and safe campaign using parady as the "focus". To do so "safely" you must be very careful not to make any misrepresentations about your competitiors or their products, nor may you misrepresent the prodcuts that you are offering for sale.

Please rememeber that anyone can sue anyone for anything if they are willing to pay the costs of lawyers and risk censure by a judge if they have absolutely no basis for their suit.

Thus, for your own safety (and defense if the worst happens) pass your ad copy by a lawyer and get a comfort leter before you publish your campaign.

If you have any additional questions, feel free to contact me at [email protected]

Read more
Answered on 8/01/03, 4:54 pm
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Advertising Question

I saw your original post, which, unfortunately, contained improper names, etc. Without commenting on the specifics of your question, you should probably consult an attorney for specific legal advice.

As to general matters, you should bear in mind that all such advertising must be truthful. The "big computer corporation's" advertisements do not specifically mention a competitor by name; rather, it speaks generically about a type of computer format. If you contemplate something more specific than that, your "switches" must not be falsely induced.

Again, you are treading on thin ice and, in my view, you should retain counsel to obtain specific legal advice.

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]

The information provided by Ashman Law Offices, LLC (�ALO�) is for general educational purposes only. No attorney-client relationship is established by this communication and no privilege attaches to such communication. ALO is not taking and will not take any action on your behalf and will not be considered your attorney until both you and ALO have signed a written retention agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain ALO on terms acceptable to ALO, you should immediately seek the services of another attorney.

Read more
Answered on 7/26/03, 10:35 pm


Related Questions & Answers

More Intellectual Property questions and answers in New York