regeon Posted April 7, 2007 Share Posted April 7, 2007 Well, I received a c and d letter today from yankme. I hope someone has some clear answers to this. They say 5 of my scents cant be used and the word "tart". I figured this would eventually happen. So I change the word tart..no problem. How do I handle the scents. Can you put "type" in the description or behind the name and be ok or do you have to totally rename them? I suppose the other question is and maybe Alan or someone can answer it. How do the oil suppliers get by selling the oils under that name? Im not attacking the oil suppliers just wondering if there was a trick to getting by with it. TIA for any help on this!! Quote Link to comment Share on other sites More sharing options...
cestlavielumiere Posted April 7, 2007 Share Posted April 7, 2007 Sorry, but what does C and D mean? I am sorry to hear about that. I think it is ridiculous that Yankoff candles would feel that threaten by other candle makers really they need to get a grip. I hope everything works out. Tilly Quote Link to comment Share on other sites More sharing options...
CareBear Posted April 7, 2007 Share Posted April 7, 2007 Cease & Desist.And any company needs to be vigilant in protecting its trademarked names, else ANYONE (including substantial & genuinely threatening competition) will be able to use them. Which means if they let regeon continue to use them they won't have a legal leg to stand on when Dial starts using them. Quote Link to comment Share on other sites More sharing options...
regeon Posted April 7, 2007 Author Share Posted April 7, 2007 Cease and Desist...Trademark Infringement. Cant use " Tarts, Home for the Holidays, Clean Cotton, Wedding Day, Midsummer's Night or Witches Brew" Quote Link to comment Share on other sites More sharing options...
cestlavielumiere Posted April 7, 2007 Share Posted April 7, 2007 Well, I guess that means a letter soon for Kellog's Pop Tarts. Is there a place on this message board that contains a list of Yankoff's cannot use list? Quote Link to comment Share on other sites More sharing options...
regeon Posted April 7, 2007 Author Share Posted April 7, 2007 I think there is a thread..here is the link..http://www.candletech.com/forums/showthread.php?t=4542&highlight=trademark+infringement Quote Link to comment Share on other sites More sharing options...
sudsnwicks Posted April 7, 2007 Share Posted April 7, 2007 I've no idea how the oil suppliers get by using the same names. In your case, since they're watching you, I would either add "type" to the end of each name or rename it completely. Either way would be fine. Quote Link to comment Share on other sites More sharing options...
debscent Posted April 7, 2007 Share Posted April 7, 2007 Some suppliers have gotten C&D letters from B&BW, etc., and have changed their names to "sound alikes" and are working so far.Here are some suggestions:Home for the Holidays = Holidays at HomeClean Cotton = Clean & Fresh CottonWedding Day = Your Special Day or Bridal BouquetMidsummer's Night = MidnightWitches Brew = Halloween Brew or Spicy Patchouli Quote Link to comment Share on other sites More sharing options...
regeon Posted April 7, 2007 Author Share Posted April 7, 2007 Thanks for the suggestion. I wonder if I would get in trouble if I renamed them and then in the description I put that it was similar to YC? Last thing I want is a lawsuit. Quote Link to comment Share on other sites More sharing options...
regeon Posted April 7, 2007 Author Share Posted April 7, 2007 Oh and I wonder if we are going to get in trouble for selling "tart" warmers? Quote Link to comment Share on other sites More sharing options...
sudsnwicks Posted April 7, 2007 Share Posted April 7, 2007 Instead of mentioning YC's name, you could say it is similar to ____ by a well known candle shop. As for the tart warmers, maybe you could say they are for melting/warming the ___ (whatever you renamed your tarts to). Quote Link to comment Share on other sites More sharing options...
morningstar Posted April 7, 2007 Share Posted April 7, 2007 so by puting the word [type] after the name, it's ok to use the name Quote Link to comment Share on other sites More sharing options...
IndyGirl Posted April 7, 2007 Share Posted April 7, 2007 So help me understand.........Yankee has a trademark for the name Christmas Eve but only as it applies to candles & tarts......excuse me melts? So really you would have to check out every name you use to make sure it is not trademarked for your type of product. So, if you made a soap or lotion and called it Christmas Eve you don't have to put type after it? Quote Link to comment Share on other sites More sharing options...
ShelleyBean Posted April 7, 2007 Share Posted April 7, 2007 Oh and I wonder if we are going to get in trouble for selling "tart" warmers?I personally call mine wax melters for that very reason. I dont use the word tart anywhere just to be on the safe side. On the TM scents, I always use the word (type) beside the name. Quote Link to comment Share on other sites More sharing options...
Georgia Posted April 7, 2007 Share Posted April 7, 2007 http://www.uspto.gov/index.htmlUse this site to research trademarks. If you look up Home for the Holidays, you will find lots of trademarks. Only one applies to candles.Suppliers can sell oil under that name because the oil is not trademarked, thoe candles, tarts and home fresheners (or whatever it's called).You can use "type" or a play on words..I use Holiday Home. Quote Link to comment Share on other sites More sharing options...
judyvega Posted April 7, 2007 Share Posted April 7, 2007 Oh and I wonder if we are going to get in trouble for selling "tart" warmers?I'm just calling mine wax melters Quote Link to comment Share on other sites More sharing options...
cowgirl Posted April 7, 2007 Share Posted April 7, 2007 I am not sure about the oil suppliers but a company i buy supplies from sent out a newsletter a couple months back that said victoria secret & BBW sent them a letter. they had to change all their dup names. here is the list of scents they had to change http://www.naturesgardencandles.com/candlemaking-soap-supplies/category/newsletter-1206 Quote Link to comment Share on other sites More sharing options...
ladysj Posted April 7, 2007 Share Posted April 7, 2007 Okay on my Freesia I used the name Free Sia will this work. Then I can put B&BW type under that. This whole mess really confuses me lol Quote Link to comment Share on other sites More sharing options...
Gypsyjen Posted April 7, 2007 Share Posted April 7, 2007 Well, I guess that means a letter soon for Kellog's Pop Tarts. Is there a place on this message board that contains a list of Yankoff's cannot use list?Pop Tarts wouldn't warrant a C&D because it has nothing to do with candle wax. It's only when the name is used in conjunction with wax that the trademark infringement would apply. Quote Link to comment Share on other sites More sharing options...
carol k Posted April 7, 2007 Share Posted April 7, 2007 all or most all of yank**'s scent names are trademarked. even sugar cookie. i use put type after the name. Quote Link to comment Share on other sites More sharing options...
regeon Posted April 7, 2007 Author Share Posted April 7, 2007 Thanks to everyone for all the suggestions. I will be gritting my teeth as I make all these changes. I strongly suggest to any new candlemaker that you take care of this upfront. I cant even explain how many changes have to be made now that the word tart cant be used. Anyhow, again I thank you all for responding to my post. Have a great day!! Quote Link to comment Share on other sites More sharing options...
sockmonkey Posted April 7, 2007 Share Posted April 7, 2007 Here's another long and drawn out explanation that might give further insight into the matter:http://www.candlecauldron.com/trademarks.html Quote Link to comment Share on other sites More sharing options...
pinetreecandles Posted April 7, 2007 Share Posted April 7, 2007 sorry to hear of that. I just checked on the names I use and I need to change 3 of them I guess Look on the bright side, if they are worried about you using those names then you must be doing something right! They are doing the same thing Epay (Ebay) does. They see a website that they feel could be successful, they get their multitude of lawyers involved and get them shutdown. If that doesn't work, they buy them (Paypal). Quote Link to comment Share on other sites More sharing options...
sudsnwicks Posted April 8, 2007 Share Posted April 8, 2007 Look on the bright side, if they are worried about you using those names then you must be doing something right! They are doing the same thing Epay (Ebay) does. They see a website that they feel could be successful, they get their multitude of lawyers involved and get them shutdown. If that doesn't work, they buy them (Paypal).I agree, and it also means you're not such a small fry after all if you get noticed by them. As long as you didn't just print a thousand labels with the old names! Quote Link to comment Share on other sites More sharing options...
cestlavielumiere Posted April 8, 2007 Share Posted April 8, 2007 The "Pop Tarts" comment was just for laughs. Good luck with your C & D issue. Quote Link to comment Share on other sites More sharing options...
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