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Naming close may be viewed by a judge as an intent to confuse. Like Prado versus Prada. Given the deep pockets of the trademark holders, they can still force you to change and initiate fines. Best to keep to your original ideas, really. 

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2 hours ago, ShelleyF said:

Could you name something similar so that customers will know what it is? Like for example Love Spellz what about Endlessly in Love? Or would it be better just to make it something unique and maybe that would be more interesting for people?

When you gave the example for love spell is it sad all i could think of was "i put a spell on you", and now i can't get the song out of my head.

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7 hours ago, ncraiders said:

When you gave the example for love spell is it sad all i could think of was "i put a spell on you", and now i can't get the song out of my head.

lol that's hilarious. Now you got me singing that too. That would be a catchy name for the melts though lol 

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  • 2 months later...

I bought some  rare icetrays that have molds of fruits and the Kool aid man. My daughter said she's thinks I probably can't use the koolaid man for melts. I looked it up and it says generlizicied trademark so I'm confused. Anyone know?

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  • 1 month later...
On 8/18/2018 at 7:54 AM, ShelleyF said:

I bought some  rare icetrays that have molds of fruits and the Kool aid man. My daughter said she's thinks I probably can't use the koolaid man for melts. I looked it up and it says generlizicied trademark so I'm confused. Anyone know?

Shelly ,I just read this & that's a good question. I bet the Kool aid man mold is awesome . It may be a tm infringement ,if the word Kool aid is embedded into the mold kwim ? Very interesting question .

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On 9/21/2018 at 8:47 AM, katmeltswax said:

Shelly ,I just read this & that's a good question. I bet the Kool aid man mold is awesome . It may be a tm infringement ,if the word Kool aid is embedded into the mold kwim ? Very interesting question .

I can't use it. It has it embedded into it with the registered mark. Ugh I am not happy but do understand. 

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6 hours ago, ShelleyF said:

I can't use it. It has it embedded into it with the registered mark. Ugh I am not happy but do understand. 

Yes it's best to avoid any kind of issues . I know many lawsuits have occurred ,due to trademark infringements on with so many companies today . It's really not worth the risk kwim .

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4 minutes ago, katmeltswax said:

Yes it's best to avoid any kind of issues . I know many lawsuits have occurred ,due to trademark infringements on with so many companies today . It's really not worth the risk kwim .

I agree. I just don't understand because years ago koolaid jammers purses we're sold everywhere. Nobody cared. I don't know why the companies didn't then but do now. 

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45 minutes ago, ShelleyF said:

I agree. I just don't understand because years ago koolaid jammers purses we're sold everywhere. Nobody cared. I don't know why the companies didn't then but do now. 

The few I know of that will really go after violations are Louis Vuitton,Chanel,Prada,Juicy Couture & Lacoste .

I know there has to be hundreds more as well . It is best to take TallTs advice & change the names on all  wanna be type scents kwim.

 

I see so many online items for sale, labeled with name brand types & not authentic. I  often wander how so many  can & do get away with selling these knock off items . I once purchased a Juicy Couture necklace & hand bag for my daughter & go figure it was not authentic at all . I had to return the both of them .Lol she would have known the difference for sure .

I would have never thought Kool aid would be one of those companies . I find that one interesting . I guess one should not sell melts,candles etc.. labeled Kool-Aid or Hawaiian Punch lol,certainly not worth the risk right

 

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On 9/18/2017 at 1:38 PM, TallTayl said:

I found my own product name and slogan used by several Amazon and similar retail sites recently. Burned my britches, let me tell you. Then I discovered someone beat me to trademarking my own words. Technically, even though I have proven first use from several years prior to their purchasing the use of the words, there's nothing I can do about it besides come up with something entirely new and unique. 

Ouch! That stinks. Hate that happened to you. 

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5 minutes ago, Laura C said:

Ouch! That stinks. Hate that happened to you. 

I know that will really make you furious bc it's not always such a easy thing to come up with such unique catching names for products & then to see a company is actually benefitting the rewards from your own original name you thought of  yourself. Yes once patented it is unfortunately to late .

 

Sorry you have to see the name & success someone's else is getting from what was once Yours .

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2 hours ago, katmeltswax said:

The few I know of that will really go after violations are Louis Vuitton,Chanel,Prada,Juicy Couture & Lacoste .

I know there has to be hundreds more as well . It is best to take TallTs advice & change the names on all  wanna be type scents kwim.

 

I see so many online items for sale, labeled with name brand types & not authentic. I  often wander how so many  can & do get away with selling these knock off items . I once purchased a Juicy Couture necklace & hand bag for my daughter & go figure it was not authentic at all . I had to return the both of them .Lol she would have known the difference for sure .

I would have never thought Kool aid would be one of those companies . I find that one interesting . I guess one should not sell melts,candles etc.. labeled Kool-Aid or Hawaiian Punch lol,certainly not worth the risk right

 

I study purses and have bought authentic Juicy, Coach, Michael Kors, Dooney at yard sales for pennies lol as low as $1.00 for real ones. I find people who just want the stuff gone. I tell them it is real and they say I know but have no use for it lol so I sell them and keep some. I have a ton of purses. Some fakes are awful and some are such good fakes it takes a lot of examining to know for sure. I refuse to sell them on eBay though as someone can claim it's fake and keep the purse AND the money. I know someone several years ago that happened to. I am not doing that. 

No melts are being called Hawaiian Punch. My problem is that the Kool aid man is cute but famous so I wanted it to stand out. But not going to chance it.

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