Here is a legality question for you :

[DJilla]

IMHO, I'm a little surprised by these posts becasue the answer in law is the same one in common sense. The reason that people use testimony by "Betty Boob" and "Joe Dick" is because they either don't exisit or are inconsequential people who aren't going to be pissed off.

Did you ever see a commercial for Bud that used the CEO of Heiniken's as an endorsement? Of course not because they'd get their pants sued off. If they do its because a) they're trying to be provacative and b) they have iron cold subjective proof like a video of the CEO of Heiniken's choosing a Bud at a party and saying something like I hate that crap I make. Absent proof, I'd forget using a quote. I'd pass the idea even with proof.

However, you can make side by side factual comparisons between two products or brands on things like price, performance, and cost etc. but don't think you can get away with actual quotes out of someone's mouth who is well known unless you're prepared to meet them in court.

[Useless]

Originally Posted by DJilla

Did you ever see a commercial for Bud that used the CEO of Heiniken's as an endorsement?

I think you're off track here. BV isn't going to claim that the owner of othersite.com prefers mysite.com over his own. He's working off of a customer testimony and that's completely legit.

I wouldn't want to mention a competitor's name/trademark, even if I had the legal right to, just because I wouldn't want the hassle. You know they are going to lawyer up, whether they have a fruitful claim or not. And the danger of that in this industry is that hosts, sponsors, and now registrars - all react in such a knee-jerk manner, and they will shut you down the moment they receive a letter from your competitor's attorney. They'll say "Oh, what pretty and official letterhead! I better close this account right now."

[DJilla]

Originally Posted by Useless Warrior

I think you're off track here. BV isn't going to claim that the owner of othersite.com prefers mysite.com over his own. He's working off of a customer testimony and that's completely legit.

OH! NEVERMIND (Rosanna Dana Dana).

But seriously I got the impression he was referring to a personality at a competitor's company for the endorsement. Re-reading it I don't see how I got that out of what he said (just got up, coffee wasn't ready, it was a long hard party night).

You're right of course, if you have the letter on file there is no problem whatsoever in using it as an endorsement. Ehhh however, I would still try and get a release/permission for this purpose though... standard form. Some people might not want their names used in connection with an adult site endorsement.

IMHO, If you're going to just sign the endorsement: "Buddy B" (and not the whole name) then why bother in the first place! Just make the shit up to begin with and then in 5pt type at the bottom write = "Typical Customer Comments"