Is this a copyright infringement?

Question

Copyright

Hey!
Such a thing, we implement some service, the quality of which is much higher than that of competitor K .
So, we wrote in private messages to users of a competitor a text with an advertisement for our site, saying that we have clearly better and more convenient, they say, try it out.
And most recently, they wrote to us the following:

We would highly recommend not to use the mention of the K service in the advertising mailings of your service (link to us in vk) .
The trademark registration process is already coming to an end, the precedent for which has already been seen in your mailing lists.
Google will help you find out about the responsibility of using other people's trademarks in your advertising. Note again, we will not talk anymore.

Empty talk or is there really something for this?
PS. We wrote only 5 people

Answer 1

Violation of the law on advertising, can not be compared with a specific brand. It's not just that Tide covers up competitors' washing powders :)
Well, then, as they noticed, you are using their trademark, we will omit the registration period.

Answer 2

IANAL. TINLA.
> Is this a copyright infringement?
No.
As well as it is not a violation of the law on the protection of personal data, the law on combating corruption and many others, which in the same way have nothing to do with the issue.
> "Google will help you learn about the responsibility of using other people's trademarks in your advertising"
And what, did not help?
Perhaps this is because you forgot to indicate the jurisdiction there, as well as here - depending on it, the consequences of your actions can be diametrically opposed.
So, emnip, in the United States, anti-advertising is generally not forbidden, but in most, it seems, of the former USSR, it is even very forbidden.
> we wrote in private messages to users of a competitor a text with an advertisement of our site
Well, a little bearded anecdote in the end:
An old woman - God's dandelion looks out the window and sees how three people pressed one to the wall for a "heart-to-heart talk":
- Hooligans !! I'm going to call the police now!
- Yes, we, this, granny, here - the spammer was caught ...
- So what are you calving, granddaughters! Kick him, kick him!

Answer 3

Give the full text of the message that you sent to users of the service K.
If it was there, replace it with the same letter K.
If the name of your service matches the name of a competitor's service by 60 percent or more, this is already a violation.

The trademark registration process is nearing completion

If you become more famous than them BEFORE registering their trademark, then they will not be able to do anything. This is written in the law on the registration of trademarks.

The trademark registration process is nearing completion

The incomplete action of the registration process cannot be the fact of the presence of TK.
At the moment - there is no object of discussion and dispute even: TK does not exist .

Answer 4

depends on the judge
"unfair competition" ha ha, unlikely, but libel can

Answer 5

In part they are right. It is forbidden to use the names of competing brands in advertising, there is such a topic. Therefore, they usually write the general words "compared to ... other brands." And there is also a requirement not to mislead people, so in competent advertising at the bottom they write in small print "according to the results of testing by the laboratory XXX in YYY".