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Any way around this? - Page 2

post #16 of 91
Jason, I thought "in text" refers to writing which incorporates the trademarked name (like in an article, review, etc. Not just literally spelling or the letters).

Another option ... What about writing "a little help" on the pill jar spilling or little blue pills? Personally, I wouldn't risk using "viagra."
post #17 of 91
Quote:
Originally Posted by MustangMollie View Post

Jason, I thought "in text" refers to writing which incorporates the trademarked name (like in an article, review, etc. Not just literally spelling or the letters).

There's no difference between spelling out the letters of a trademarked item to refer to it and including a reference to said product in an article or review. No one can legally own or prevent the generic use of a product name, company, etc. as a reference to the original product (as opposed to branding a competing product with the same or similar name to create confusion, which would be a trademark violation).
post #18 of 91
For more info check out the following (specifically #7-9):
http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm#7
post #19 of 91
Thread Starter 

So, Jason, you're basically saying that written in a plain, lower case writing, 'viagra' could be written on the cake which will look like a pill bottle without violating the trademark.

post #20 of 91

This is crazy discussion. (yes especially my offbeat post up there). Maybe just use the generic name, sildenafil citrate  :lol::lol::lol: 

post #21 of 91
Quote:
Originally Posted by CakesbyMichele View Post

So, Jason, you're basically saying that written in a plain, lower case writing, 'viagra' could be written on the cake which will look like a pill bottle without violating the trademark.

Correct. It doesn't have to be lowercase either, as long as you don't use the Viagra logo (which is copyrighted).
post #22 of 91
Jason, I'm not arguing with you here, but it just doesn't sound right to me. If course nobody can be prevented from discussing our reviewing and using a trademarked name. However we are talking about someone making money by incorporating a trademarked name, but simply some writing. There was a fellow a couple of years ago named Mike Rowe and he was a software developer. He calked his company Mike Row Soft and Microsoft sued him for trademark infringement and won. I have a masters Degree in Creative entrepreneurship, but I only did one semester in copyright/trademark/IP so I'm certainly not an expert. Perhaps the OP should contact an attorney who specializes in this type of law.
post #23 of 91
The issue with the Mike Rowe case is that both his company and Microsoft were competing in the same industry, and there was an obvious case of potential confusion in the marketplace. The only way this would apply to OP is if she marketed her cakes as alternative treatments for erectile dysfunction.

As mentioned in the Harvard Law link I posted earlier in the thread, if there is no potential for marketplace confusion and no trademark dilution there is very little realistic chance of trademark infringement. Copyright infringement is more broad, since copyright protects an original creative work instead of just the use of a word or phrase in a specific market segment.
post #24 of 91

Oh for pete's sake, just tell her that you can't write it if you don't feel comfortable, then sell her an edible marker to go with the cake and let her write it on there when she takes the cake home. This thread is getting pretty silly. Or write "weiner pills" on it.

post #25 of 91
Hahahaha! Love costumeczar's suggestion! That's probably the best solution!
post #26 of 91

Thanks Jason! Good to know.

post #27 of 91

She's not the one (your client) that would have to deal with some corporate attorney and get in to a losing battle with a pharmaceutical corp.  If you are not comfortable with it then don't do it......it's all good until it isn't.  I agree with the statement about the bad press they would get going after the little guy but I would hate to be held up as a cautionary example of what happens to decorators that infringe on copyrights and trademarks.  I think some of the other suggestions are better than putting viagra on the bottle.  If she has so little regard for you and you trying to do what is right and legal, then good riddance to her.  

post #28 of 91
Quote:
Originally Posted by madcobbler View Post

How about putting a funny name on the pill bottle such as Perky Pecker Pills and have some little  candy blue pills next to the pill bottle.

Perky pecker pills. *SNORK*
post #29 of 91
Quote:
Originally Posted by madcobbler View Post

How about putting a funny name on the pill bottle such as Perky Pecker Pills and have some little  candy blue pills next to the pill bottle.
*Coffee spray all over computer*
post #30 of 91

Everyone is crazy on here about this copyright crap... why would viagra company be looking for people that do cakes with their name on it??? really... They don't have anything else to be concern with, like running a hugh company.  NO... that are after all the cake decorators that put a name of a pill on their cakes.  Good lord, what has this world come too.  I really can't believe this question is being asked!

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