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My First Cease and Desist Letter


soylights

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I am so surprised...little me got a Cease and Desist Letter from the company "love Potion". I had renamed Love Spell to "love Potion" and had no idea someone else owned the name. I did do a search before naming my candle and did not find any products under that name, but it looks like a perfume company owns it.

So this has me thinking. How do all of the FO oil suppliers use Yankee, BBW, and other designer names and get away with it? Also am I allowed to call it "love spell" as long as I put that it is VS type?

Just curious.

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Also am I allowed to call it "love spell" as long as I put that it is VS type?

Yes you can, to the best of my knowledge. As long as it's marked as a duplicate or a type you should be fine. This would be similar to all those designer body sprays a few years back. "If you like 'x', then you'll love 'y'! "

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When I was doing research for renaming Love Spell, I found that "Love Potion" was trademarked for Lotions, perfumes and soaps, but I did not find anything about candles. (but I also was not looking that hard for candles)

I would ask for thier proof of filing the name.

I did find something about Love Potion on TESS: http://tess2.uspto.gov/bin/showfield?f=doc&state=4010:aqdkjm.2.2

If the cease & desist is from the same company I would inform them that their registration does not cover candles. I couldn't find any other approved registration that applies to candles.

Edited by Judy, USMC
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