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Copyright Question. Can I say "BEST" for product reviews?

Discussion in 'Legal Issues' started by gamecity, Jan 15, 2011.

  1. #1
    I'm currently promoting some products in affiliate marketing. I have some questions about the word "best".

    Can I say
    "this is the best shampoo in the world".
    "this is the best hat in the world".
    "this is the best car in the world".
    etc....

    Even though it is only my opinion. There is no survey or consumer rating, etc. This came up because I was thinking about the optimum online and verizon commercials and how they keep saying they are lightning fast etc. I think they need to back up their claims with facts, numbers, etc. and not just opinions.

    Which brings me to the word "best". Can I say this is the "best thing in the world" even though it is just my opinion?
     
    gamecity, Jan 15, 2011 IP
  2. atxsurf

    atxsurf Peon

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    #2
    I think if you provide a solid rating system, where among the reviewed products there are best and worst, that is ok.
    but you can't say "best in the world" for every product you say, neither "best in the world" is a good wording as it is definitely advertising crap which should be not part of "review" kind of content. Besides I do not think you could say "best in the world" and remain sound credible (for review site i mean).
     
    atxsurf, Jan 15, 2011 IP
  3. gamecity

    gamecity Peon

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    #3
    I was exaggerating a little bit. I don't really say best in the world. But some thing like
    "Here are some of the best hats for keeping your head warm"
    "Here are some of the best shampoos that creates healthy looking hair".
    "Here are some of the best cars for middle class income family".

    Then I will list 7-10 products. Is that ok? Can I rate stuff and, say they are the best even though it is only my opinion.
     
    gamecity, Jan 15, 2011 IP
  4. atxsurf

    atxsurf Peon

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    #4
    "some of the best" is pretty neutral wording to me, although I am not a lawyer
     
    atxsurf, Jan 15, 2011 IP
  5. Nefertiti

    Nefertiti Peon

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    #5
    I think you can use the BEST word but maybe you have to mention in a disclaimer that it is your personal opinion/review and customers/consumers/buyers should verify the product before buying and satisfy themselves before arriving into a conclusion. You may also have to mention that you are not an official rating agent or organization. Talk to a lawyer about this, he/she'll be able to put this statement legally.
     
    Nefertiti, Jan 19, 2011 IP
  6. AstarothSolutions

    AstarothSolutions Peon

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    #6
    A lot will depend on what your product is and what evidence you have at all to substanciate the claim.

    For example, is the BEST car.....
    1) The fastest top speed?
    2) The best fuel efficiency?
    3) Fastest acceloration?
    4) Most comfortable?
    5) Most reliable?

    Do you factor price into it?

    etc etc etc etc

    If you get into a much simplier product, then you could say it is more straightforward to determin the best as the loan with the lowest interest will almost universally be considered the best.

    Also are the metrics measurable or subjective? Top speed to you can test, ask 100 people to rate 2 luxury cars for comfort and you will not get 100% of people voting for the same one.



    That all said and done, you really need to be able to substanciate any claim you make but how you do it can vary and the more wooly what "the best" looks like the less substanciation you need.

    Alternatively you can be clever with your wording; if you say that it is what you consider to be the best you only need to be able to rationalise your reasoning. If you state it is THE best (ie not just your opinion) you should have external evidence to call on.


    Are you the manufacture of the product/ service? If you aren't then speak to your supplier as they may have some market research or such that you could use if needs be.
     
    AstarothSolutions, Jan 20, 2011 IP
    danniel likes this.
  7. mohamedsafiq

    mohamedsafiq Active Member

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    #7
    why not, you can say "The best" because it's your sole opinion.
     
    mohamedsafiq, Jan 20, 2011 IP
  8. ExoticMike

    ExoticMike Member

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    #8
    Hey everyone uses phrases like that and come to find out there product is just average. You need to be more original since You review products, give better descriptive reviews. As long as You use "In my opinion ........" any thing goes.
     
    ExoticMike, Jan 20, 2011 IP
  9. AstarothSolutions

    AstarothSolutions Peon

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    #9
    You have to qualify that you are stating an opinion and not stating a mater of fact. Simply saying "The best razor blade" could be construde as stating a fact and therefore, at least in the UK, the advertising standards authority (a government body) can require your proof and fine you if you are unable to substanciate the claim.
     
    AstarothSolutions, Jan 20, 2011 IP
  10. MiaSucksDicks

    MiaSucksDicks Peon

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    #10
    As long as you specify it is your opinion then there is no problem.
     
    MiaSucksDicks, Jan 21, 2011 IP
  11. kvhutch

    kvhutch Peon

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    #11
    Just cover yourself with something like 'it is being tagged the best ...' or 'many are calling it the best ...' once you opinionise it there's really no issue
     
    kvhutch, Jan 21, 2011 IP