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C&D Letter from You know who..help please


regeon

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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!!

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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.

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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 Home

Clean Cotton = Clean & Fresh Cotton

Wedding Day = Your Special Day or Bridal Bouquet

Midsummer's Night = Midnight

Witches Brew = Halloween Brew or Spicy Patchouli

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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?

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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.

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http://www.uspto.gov/index.html

Use 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.

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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.

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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!!

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sorry to hear of that. I just checked on the names I use and I need to change 3 of them I guess :mad:

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).

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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!
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