Is it illegal to write a blog review of a crappy product, and then refer them to my product?

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Darren C asked:


I write a blog. Some of it is to give out information, and some of it is to promote an e-book that I wrote.

In my blog, I wrote a review of a real crappy product that is out there, and that is scamming people out of their money.

I name the product by its exact name, no beating around the bush.

Then in the end, I refer my product, a much better (and honest) solution in my opinion.

A LOT of people have been reading this blog entry, and as a result going to my website.

I am just writing my honest opinion, my question though is, is this illegal in any way (using their exact product name)? I mean, I see commercials on TV name competitors all the time.

Or am I protected under the first ammendment to write my honest opinion on a scam product (even though I am benefitting from it)

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2 Comments so far

  1. Christopher K on December 9th, 2008

    As long as everything you wrote is either true, or “fair comment and criticism”, and you can prove it, they won’t win in a suit against you because truth is a defense in a libel or slander suit.

  2. Eric H on December 11th, 2008

    “Your honest opinion” isn’t good enough to qualify under the “fair comment” view, especially since it will look like you’re slamming the other product to sell yours.

    You’d better be able to prove EVERY thing you say is wrong about the other product.

    Words like “scam” are especially problematic, because you don’t know that the other person intends to run a scam.

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