yankmee marketing idea

[JI]

I was on yankme site looking at their upcoming spring line. I saw their "My favourite things" collection. It wad based on the sound of music song...so fragrances are whiskers on kittens, warm woolen mittens etc. I like the idea maybe for next xmas inspiration. But i noticed that they have trademarked the names like warm woolen mittens. So i assume this means i cant use it, lol. I guess i will hunt for another song like the twelve days. How can yankee trademark lyrics to a song??

[jenn624]

I do like that naming idea. I guess with a big enough marketing and legal budget, you can trademark just about anything you want lol, I mean didn't they trademark the word "tart"?

[JI]

Yes and even home for the holidays. I like the idea of the song. Maybe i can do a tinned collection based on the 12 days of christmas. The pear tree is easy. But swans and partridges and gold rings might be problemmatic...

[Ravens]

If they have a trademark on "Home for the holidays", how can Nature's Garden and Peak sell the FO named "Home for the holidays"? Wonder if Yankme isn't yanking us with their "trademarks" santa wink

http://www.peakcandle.com/products/Home-for-the-Holidays-Fragrance-Oil__F1066.aspx

http://www.naturesgardencandles.com/candlemaking-soap-supplies/item/rf-aa13

Yes and even home for the holidays. I like the idea of the song. Maybe i can do a tinned collection based on the 12 days of christmas. The pear tree is easy. But swans and partridges and gold rings might be problemmatic...

[SuzyK]

I did something similar with my mineral makeup. I made what I called my Holiday Sparkle Collection and they are named Reindeer, Sleigh Ride, Deck the Halls, and Jack Frost. They have been great sellers! Plus, they are really awesome colors. I also had made a limited edition color that was only available during my black friday sale called Silver Bells.

I think it's a great idea to do it with scents as well.

[rctfavr3]

It could be the Reindeer collection; named after all of Santa's reindeer.

Dasher = Effervescent

Dancer = Fruity

Prancer = Floral

Vixen = Spicy

Comet = Mint

Cupid = Milk Sweet

Donder = Musk

Blitzen = Pine

Rudolf = ?Candy

[JI]

What a great idea. I am visualising it as a collection in say 4 oz tins. Presentation is in a long narrow box with plastic clear lid. What about taking a timeless classic song for non holidays and making a collection based on that?

Over the rainbow collection - lemon drops, skies are blue, rainbow?

Or

What a wonderful world collection - trees are green, red roses, clouds of white, dark sacred night?

It would have to be a song that everyone knows...any other song ideas with which to build a collection?

[JI]

So I did a little research and it seems that even portions of lyrics are copyrighted. Of course I could make an individual candle called "pink carnation" but I couldn't make a candle collection packaged together called "the american pie collection" with "pink carnation", whiskey and rye". Still, it was a nice idea.

I did find out that it is only the really old songs (pre 1920s) that are copyright free, aka public domain. So all those old traditional carols like Good King Wenscles, Twelve Days of Christmas, O Holy Night, etc. are open.

[IwantItgreen]

You just inspired me! How about "America, the beautiful."?

Spacious skies -- suggestions on scent?

Amber waves of grain -- Peaks Amish Harvest (or better suggestion?)

Purple mountains -- Some pine or spruce (which one?)

the fruited plain -- Apples of some sort

God's grace on thee -- suggestions?

brotherhood -- suggestions?

sea to shining sea -- Peaks ocean

[JI]

I love that with the America theme! I believe America the beautiful is a really old song and should therefore be public domain.

God's Grace, something churchy/incensy like frankincense?

Spacious Skies - something crisp and lemony/fresh?

I also found the phrase in this song called "Across the Wilderness". What fragrance for that?

I found some other songs which I think are public domain:

Wassail Song:

Leaves so Green (green, meadow)

Love and Joy (floral?)

Beside the Fire (smoke)

Wassail (if ever CS brings Wassail back!! otherwise a buttery rum type mixed with cinnamon or other spice)

We Wish You a Merry Christmas:

Good Tidings (warm, holiday scent, with cinnamon, warmth, etc.)

Figgy Pudding (fig scent with maybe vanilla)

A Cup of Good Cheer (red wine/alcoholic type)

Merry Christmas (piney Christmas Tree)

We Three Kings:

Field and Fountain

Moor and Mountain (can't think of anything other than I like the sounds of these phrases)

Star of Night

Frankincense & Myrrh

Perfect Light (bright, citrusy, fresh)

Earth & Skies (oakmossy, woodsy, earthy?)

Edited December 19, 2012 by JI

[SliverOfWax]

I was on yankme site looking at their upcoming spring line. I saw their "My favourite things" collection. It wad based on the sound of music song...so fragrances are whiskers on kittens, warm woolen mittens etc. I like the idea maybe for next xmas inspiration. But i noticed that they have trademarked the names like warm woolen mittens. So i assume this means i cant use it, lol. I guess i will hunt for another song like the twelve days. How can yankee trademark lyrics to a song??

They didn't tm the lyrics. They tm'd a scent name. Perfectly acceptable and legal.

[HorseScentS]

If they have a trademark on "Home for the holidays", how can Nature's Garden and Peak sell the FO named "Home for the holidays"? Wonder if Yankme isn't yanking us with their "trademarks" santa wink

http://www.peakcandle.com/products/Home-for-the-Holidays-Fragrance-Oil__F1066.aspx

http://www.naturesgardencandles.com/candlemaking-soap-supplies/item/rf-aa13

Ravens, I've been curious about this issue lately, especially whether or not we can use phrases from song lyrics for scent names. I've just started trying to research it, so I don't know all the ins-and-outs, but maybe this article has the answer to your question. How would you interpret this info from WiseGeek?

"Can I copyright a phrase?

"The short answer to this question is no, you cannot copyright a phrase for the purpose of legal protection. Copyright laws primarily cover "original works of authorship" that are finalized in fixed form of expression. This can include fixed forms of unique ideas, compositions, plays, novels, song lyrics and so on, but they do not cover individual words, common ideas or short phrases. While the desire to copyright a phrase closely associated with a business or an artistic concept may be understandable, US federal copyright laws would not offer much in the way of enforceable protection.

"Having said that, there is another way to obtain legal protection for a unique phrase. Individuals and companies can apply for a trademark on a short phrase by going through the US Patents and Trademark Office (USPTO). The USPTO can assign registered trademark status to a short phrase if originality can be satisfactorily proven. For example, the short phrase "Just Do It." followed by a distinctive "swoosh" graphic is a trademark of the Nike company. Another shoe company could not legally use that trademarked phrase in its own advertising or promotional materials.

"Some people may want to copyright a phrase intended for use as a bumper sticker slogan or other for-profit venture. The current copyright laws in the United States would automatically assign a copyright to a phrase or title or other unique or original expression. There would be no need to submit the short phrase to the official copyright office, but some people may want to establish the creation date of a short phrase in order to protect themselves from copycats.

"There is a good reason why it is nearly impossible to copyright a phrase. Copyright laws are only effective as long as the copyright holder remains diligent about prosecuting violators. If an individual decided to copyright a phrase such as "Hello, may I help you?", he or she would shortly be overwhelmed by the number of potential copyright violations. The phrase would be in such common usage that enforcement of a copyright would be virtually impossible.

"If the short phrase were trademarked, however, legal enforcement would be much less stressful. Violations of a registered trademark are easier to prove in court, and the trademarked phrase is more likely to be unique and original. The word "threepeat" is actually trademarked, for example, although very few people would have an occasion to use it for commercial reasons. The owner of that trademark may decide if any future usage of that unique word is worth the expense of legal trademark enforcement or not." http://www.wisegeek.com/can-i-copyright-a-phrase.htm

And this one is specifically about phrases from song lyrics:

Can I use words, names, phrases on custom designed and created jewelry pieces?

I am a jewelry designer/artist that hand-stamps words, names and phrases on jewelry items. I am trying to find out if there are ANY names, words, phrases or saying that I cannot use. People want phrases from their favorite TV or movie characters, names of shows, names of bands, lyrics from songs.

My second question is about a signature jewelry line that I would like to create and copyright. I took a phrase from a song that was written and sung in late 40’s early 50’s and copyrighted the phrase that I will hand-stamp and sell on my jewelry. First, I want to make sure that I can use the phrase and second I want to be able to make it my own and prevent other jewelry designers and artists from using it.

Save Attorney answers (2)

Pamela Koslyn

Los Angeles Intellectual Property Law Attorney

2

Helpful votes

Answered 3 years ago. Your 1st questions has many parts. As a general rule, words, titles, and short phrases aren't copyrightable and you're free to use them. However, some of the other uses you mentioned are more problematic, and in general basing a jewelry business trading on phrases made famous by other people is problematic.

Song lyrics are usually reprinted only with permission from the rightsholder (usually the publisher who owns the copyright to the musical composition's music and lyrics). In this case, you want to create a piece of jewlery that's a "derivative work" based on these copyrighted lyrics, but only the rightsholder has the right to do that. If the lyric is something like "love hurts," Nazareth would have a difficult time claiming rights to that generic phrase. On the other hand, the Beatles would have a good claim if you wanted to use "Lucy in the sky with diamonds."

Famous characters' images and names are sometimes owned by someone and subject to copyright, trademark and unfair competition protection. Using just the names might be ok, but it's hard to tell in the abstract.

Names of well-known bands are probably servicemarked for their musical services, and often also trademarked for goods such as jewelry. This is probably the easiest example to classify as the kind of infringement and unfair competiton that will get you sued.

Your 2nd question is a version of the song lyrics question, but also seems to have trademark implications. By a "signature jewelry line," do you mean you want to copyright each piece separately, or that you want to create a line of goods under a brand identifying you as the source of the jewelry? Both are possible, assuming that the phrase you want to use isn't itself subject to copyright protection, which depends on what this phrase is. As with your other fact-specific inquiries, the question of whether these uses are infringing depends on the specific use involved.

You need to see an IP lawyer to review your intended uses to determine whether these infringe the rights of others.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

http://www.avvo.com/legal-answers/can-i-use-words--names--phrases-on-custom-designed-140032.html

But here's the clincher about song lyrics, if the info is correct:

Subject: Artists' Lyrics Infringement

Category: Relationships and Society > Law

Asked by: mandito-ga

Posted: 23 Jan 2004 19:02 PST

Expires: 22 Feb 2004 19:02 PST

Question ID: 299584

"How much of an artist's lyrics can I use before I am in violation of the law for say...infringement?"

Answer: "Depending on what you're using the lyrics for, you may be in violation of copyright infringement laws. The copyright rules explicitly state that you may not use any lyrics from a song that's owned by someone else without expressed permission. No specific number of lyrics is provided in the law. Obviously, you are safe using one or two of the words. It's when you take an entire phrase or section of a song's lyrics and insert them in your own literary work as if they're your own work... that's when there's a problem. If you have no intention of profiting off the work you're creating, you likely would be fine, quoting the lyrics...."

"...If you are planning on using a phrase or refrain from a previously published set of song lyrics, you should contact the owner of the lyrics to ask permission. Have them sign a brief release form that gives you expressed written permission to use the lyrics." Read more and see links to sources:

http://answers.google.com/answers/threadview/id/299584.html

Edited December 20, 2012 by HorsescentS

[Ravens]

Wow, HorsescentS, excellent info!

The part about the famous characters' names and images sometimes subject to copyright, I wonder how that can be... I mean, suppose we put a bumper sticker that reads "Extraordinary claims require extraordinary evidence" or "Imagination is more important than knowledge", does that mean we should first ask for Sagan's or Einstein's permission to use their now-famous words? They're dead :undecided

[HorseScentS]

Wow, HorsescentS, excellent info!

The part about the famous characters' names and images sometimes subject to copyright, I wonder how that can be... I mean, suppose we put a bumper sticker that reads "Extraordinary claims require extraordinary evidence" or "Imagination is more important than knowledge", does that mean we should first ask for Sagan's or Einstein's permission to use their now-famous words? They're dead :undecided

Good question. Since those sayings are their own creative work, and recognizable as quotes by them, we might have to ask their Estate for permission before using them on an item that we're selling for profit.

Edited December 20, 2012 by HorsescentS