Forum Moderators: not2easy
Is this legal and normal? Bare in mind that this is a unique market. Using the U.S. as an example there are 2 large companies and a couple dozen small custom shops. She is in Canada and (with 15 employees) is probably the largest of a handful companies in the country. The big firms regularly pour funds into attempts to stomp out the little guys through litigation. If it isn’t legal or even questionable, she will be spending time in court.
My grandmother used to say, "There's no point selling your soul to the devil if you don't even get a good price for it!"
The main context I can think of where using a competitor's name might be both defensible and effective would be in an objectively verifiable compare-and-contrast review comparing their product/service and hers.
Her argument for doing this is that 3 of the big company names are household. Potential clients might well use them in a search. Knowing a bit about the business I can say that she's right.
Actually having the names included in a product comparison seems to me (as a layman) to be a little more legally plausible.
I recently gave some advice to a merchant who wanted to find ways to capitalize on his competitors' names. (I suspect that the idea was triggered by a competitor bragging about his traffic.) I raised ethical objections, but it was effectiveness, not ethics, that talked him out of it. WordTracker showed that while there were indeed several hundred searches a day for various competitors by name, there were tens of thousands of searches for variants on some "generic widget" terms where he didn't rank at all. He could see that the generic terms would be far more productive targets.