wgregww Posted April 14, 2015 Share Posted April 14, 2015 Has anyone had a issue using a Yankee Candle scent name that was trademarked? Does putting "type" after it really relieve any possible issues? Quote Link to comment Share on other sites More sharing options...
Faerywren Posted April 14, 2015 Share Posted April 14, 2015 Contrary to popular belief, putting "type" after a fragrance name doesn't make you immune to copyright infringement issues. You can however, rename your fragrance and put "compare to Yankee Candles Pink Sands" or "our version of Yankee Candles Midsummer's Night". I don't carry many dupes, but always rename them just to set myself apart from anyone else. Quote Link to comment Share on other sites More sharing options...
Guest Posted April 14, 2015 Share Posted April 14, 2015 Has anyone had a issue using a Yankee Candle scent name that was trademarked? Does putting "type" after it really relieve any possible issues?Hi wgregww, No, putting 'type' after the trademarked Yankee Candle scent does not relieve one of issues. The fragrance supplier can get away with using the scent name because the scent name is trademarked for use in candles, NOT the fragrance oil itself. Copyright infringement is not relevant to the above. Copyright infringement ( in this particular case) would pertain to something like using Yankee's art such as their label design, website & content, etc. Hope this helps! Quote Link to comment Share on other sites More sharing options...
Guest Posted April 14, 2015 Share Posted April 14, 2015 I don't carry many dupes, but always rename them just to set myself apart from anyone else.This is the exact reason why trademark laws were put into place to begin with. Quote Link to comment Share on other sites More sharing options...
wgregww Posted April 14, 2015 Author Share Posted April 14, 2015 This is the exact reason why trademark laws were put into place to begin with.So Im a little confused by your statement, above you said, Copyright infringement is not relevant to the above. so can I use a name like Pink Sands and use my own art work or is that against the law? Quote Link to comment Share on other sites More sharing options...
Guest Posted April 14, 2015 Share Posted April 14, 2015 So Im a little confused by your statement, above you said, Copyright infringement is not relevant to the above. so can I use a name like Pink Sands and use my own art work or is that against the law?If you are going to use 'Pink Sands' or ANY Yankee fragrance name on YOUR candle, no - that would be trademark infringement - the name of the scent would be trademark infrindgement, not copyright infringement. Quote Link to comment Share on other sites More sharing options...
wgregww Posted April 14, 2015 Author Share Posted April 14, 2015 If you are going to use 'Pink Sands' or ANY Yankee fragrance name on YOUR candle, no - that would be trademark infringement - the name of the scent would be trademark infrindgement, not copyright infringement.I notice some of their names they have TM next to it and some have a R and others nothing, Im assuming if there's nothing then it's free game. Would that be a fair assumption? Quote Link to comment Share on other sites More sharing options...
Guest Posted April 14, 2015 Share Posted April 14, 2015 I notice some of their names they have TM next to it and some have a R and others nothing, Im assuming if there's nothing then it's free game. Would that be a fair assumption?TM = trademark, the R means it is federally trademarked. TM basically states that the person/company is staking ownership, and/or is awaiting for federal registration. It can take some time for intellectual property to get federally trademarked due to ....you know, the US Trademark & Patent office. It is, after all, a governmental agency so don't expect fast & speedy service. As far as others having nothing - this could be because the name being so generic, that TM'ing may not qualify as there are criteria that needs to be met. Example: having a scented candle simply called 'Lavender'. There is extensive resources on intellectual property laws and space here just does not allow for all info. You can find online resources that will explain more in depth. Quote Link to comment Share on other sites More sharing options...
chuck_35550 Posted April 15, 2015 Share Posted April 15, 2015 The University of Alabama trade marked their scripted A and will come after you for any infringement. I sell the scripted A in melt and pour soap (ice cube tray mold) and call them "Mascots". So far so good. They even went after a local bakery that made cupcakes with the A on top; a bakery that regularly supplied the team with goodies. Go figure. Quote Link to comment Share on other sites More sharing options...
Faerywren Posted April 17, 2015 Share Posted April 17, 2015 I apparently said "copyright" when i should have said "trademark". Regardless, the point of the matter is the same. Don't use other company's intellectual property, names, images or otherwise. A lot of people will say, "Oh, I'm so small time they will never come after me." Unfortunately, that isn't the case. I've heard many horror stories from lawyers at soap and candle conferences about this issue and in some cases it has cost people substantially. Quote Link to comment Share on other sites More sharing options...
Jcandleattic Posted April 17, 2015 Share Posted April 17, 2015 I apparently said "copyright" when i should have said "trademark". Regardless, the point of the matter is the same. Don't use other company's intellectual property, names, images or otherwise. A lot of people will say, "Oh, I'm so small time they will never come after me." Unfortunately, that isn't the case. I've heard many horror stories from lawyers at soap and candle conferences about this issue and in some cases it has cost people substantially. I remember when I first started, I would make forever hurricanes, using photos' from the site Webshots (not sure if it's around anymore or if anyone remembers them) well, I thought, hey, they are on the internet it's FINE!!! LMAO umm, no, it absolutely is not. I got a cease and desist letter from a large legal firm informing that if I didn't stop using the photos immediately I would be liable and fined up to $10,000.00 but could buy a recurring resale license for the small fee of $1500.00 a year. A YEAR.Umm, I stopped using the photos immediately. So you are right Faerywren, small time or not, they do and WILL come after you. Just like using molds to make Disney cupcakes or cookies that people also use to make soaps or melts. Same principle. I've heard people, well, I bought the mold, they know I'll be making stuff with it so obviously it's okay to sell said product. And no, it's not. It's just not. 1 Quote Link to comment Share on other sites More sharing options...
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