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

Question

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)?

Answer 1

Not its not illegal.

Answer 2

If you have lied about their product, it's liable.  However, the best defense for liable, is the truth.  If you can back it up, write it down.

The only other pitfall, since you are referring them to your product, be careful about Copyright laws, when mentioning their product, as the names are often registered trademarks, and you are not just writing a review, you are advertising your product.

EX.  Flourist is TX got busted for using the phrase, "This Buds for You."

Compairing soap,,, TIDE is a registered trademark.... etc.  

Answer 3

As long as you are telling the truth, you are OK on legal grounds.  If you use the word scam to describe it, they could challenge you and the onus would be on you to defend that in court.  It is probably better not to call it a scam on your website, but you can certainly point out it's individual faults and let people realize that it is a scam.  As for your product, well you can say what you like about that - it's yours.  

Answer 4

You only have a problem if you are innaccurate.

You are writing your opinion, as long as this is clear and your facts can't be disproven, your fine.