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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Intellectual Property Law
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Will the use of "Tastes Like..." or "Compare To..." avoid infringing

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Will the use of "Tastes Like..." or "Compare To..." avoid infringing a trademark if the trademark owner is also acknowledged on the product label?

Thank you for your question.

That may still create a potential infringement claim because the other entity may argue that you are using their name solely to market and essentially use their trademark to market your own entity. You could use "Compare to other leading brands" for example, as that is not a direct infringement, or "Tastes Like [Brand name] based on a blind taste study where 66% participants chose our brand over the leading competitor." But simply stating that this trademark is an imitation of the other brand may get this entity sued.

Good luck.

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