17 September 2026
Using a competitor’s name in marketing can be risky.
It is not automatically unlawful, but it needs to be handled carefully.
Businesses often ask whether they can use a competitor’s trade mark in Google Ads, website copy, comparison pages, metadata or social media posts.
The answer depends on how the mark is used.
A genuine comparison may be acceptable in some circumstances. For example, a business may be able to identify a competitor when making a clear and accurate comparison. But problems arise when the use suggests endorsement, affiliation, sponsorship or confusion.
Risk increases where:
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the competitor’s brand appears in ad text;
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the landing page creates confusion;
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the comparison is misleading;
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the competitor’s logo is used without permission;
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the business implies an association that does not exist;
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the advertising is designed to divert customers deceptively.
There may also be issues under trade mark law, passing off and Australian Consumer Law.
Keyword advertising can be especially tricky. Even if a competitor’s name is used only as a keyword, the overall ad and landing page still need to be considered.
The practical rule is this: do not make customers wonder whether your business is connected with the competitor.
If you want to compare products or services, be accurate, transparent and careful with brand references.
Before launching a competitor campaign, it is worth reviewing the ad copy, landing page, metadata and claims.
IP Solved can advise on trade mark infringement, brand enforcement, advertising risk and competitor comparison strategies before a marketing campaign creates a legal problem.
This article provides general information only and is not legal advice. Specific advice should be obtained for your business and target markets.
