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Ask Robert McEwen, Esq. Your Own Question
Robert McEwen, Esq.
Robert McEwen, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 15749
Experience:  Licensed Texas General Practice Attorney
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Hi Robert, I had a quick question for you. I am starting

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Hi Robert,
I had a quick question for you. I am starting an online business--the nature of which is to create custom, mobile-optimized websites for clients. Most businesses today have websites, however they aren't optimized for mobile devices, so users on mobile devices have to pinch to zoom in, scroll left and right, etc when viewing their site.

I want to give individual and side-by-side comparisons of a non mobile-optimized website, and a mobile optimized website.

My question:
Is it perfectly okay in my side-by-side or when giving other examples on my website, powerpoint presentations, videos, etc, to just pick any business' website at random and display it on my screen in a live preview showing that the business' website shown in the example isn't mobile-optimized?

I feel like it's okay because I'm not putting the business down, I'm just stating the facts that it is not mobile-optimized....I just want to make sure. In a way, I guess it might seem like I could be "attacking" the business used in an example, but it's really just used to show that that particular business does not have a mobile-optimized website.

I would greatly appreciate your clarification here.

Thank you,
Jason

RobertMcEwenEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

RobertMcEwenEsq :

Yes, it would almost certainly be okay. You're correct in that when you're not denigrating the business, product, etc... then you don't have anything to worry about. I would certainly make sure that you were not using a company that you're a competitor with or that the potential client is a customer of or potential customer. That is, try to pick a local website (from a different city) that has nothing to do with the client that you're doing business with.

RobertMcEwenEsq :

Furthermore, if you do so, that local business almost certainly would not even find out about your use of the website, but if they did, they would not have any claim. Business disparagement cases require proof of "damages", meaning that they would need to show how they lost business that they otherwise would have had. If your client is completely unrelated to the example website, then there would be no case whatsoever.

RobertMcEwenEsq :

In fact, I would look at other countries and businesses in other countries (you can stick with English speaking countries such as Australia, NZ, Ireland, etc...) as it would be even less likely that they would have any connection with your potential client.

RobertMcEwenEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

sounds good, thank you :)

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