Re-naming dupes and the law. . . . .

[RWV]

OK, I thought that if a company had a scent (ex: Davidoff makes Cool Water) but they don't put the scent in a candle as a finished product, you could use the name for your candle and add the word "type" at the end--like Cool Water (type). But, if they also use their scent to make candles, then you had to change the name. (i.e., Cool Waters, Raging Waters, etc.) Is that right?

[sunkissed]

I'm not 100% sure on this, but I think that even if the company doesn't make candles, you can't use their name. I think they own the name and the rights to it. So 'Coolwater' for example, would be a name, slogan (whatever) owned by Davidoff and only they would have the right to use it for marketing, etc.

I could be wrong, and if I am, someone please correct me. But I would stay away from using that name and perhaps rename your scent with something that is close enough for people to make the connection.

[Kitn]

They own the rights to the name whether they put it on a product or not as far as I know. You can say it compares to CoolWater, or similar to CW, or CW type.

[jaxxcandles]

Love your Etsy shop, Kitn. Especially your featured soaps!

[EricofAZ]

Hmmm, I'd like to know more about this. Seems to me if a company sells their scent in a bottle knowing that you are going to use it in candles or soaps, etc, then it would be appropriate to identify what scent was used in the candle.

Has anyone received any letters from fragrance companies or found any "policy" statements on the websites that address this?

For example, I like that "Between the Sheets" that Demeter makes and I see A&E Oils has the same name and similar smell at the dollar store but nothing about Demeter on the label.

I thought that "type" was when a fragrance formula maker tried to duplicate a brand name and marketed the product. I see labels like that on some fragrances.

Edited August 26, 2010 by EricofAZ

[Faerywren]

Our yearly soaper's gathering has had Debbie May (Wholesale Supplies Plus) and Kelly Bloom (Southern Soapers) answer this question. The name, for instance Love Spell, is owned by Victoria's Secret. You cannot use that name. You can, however, come up with your own name and say that it "compares to Love Spell". That way your customers know it's a dupe, but you aren't infringing on any ownership rights. Putting the word "type" behind the name doesn't protect you. Something Kelly mentioned which I hadn't even thought about is that by renaming dupes, you are branding your own line. Why would you want to have a soap named "Love Spell" when a bazillion other soapers do too. But don't even think about using Love Potion...there is a lady on the internet that will track you to the ends of the earth to prove she's trademarked that phrase.

[EricofAZ]

:whistle: Love Potion Number Nine ~~~

OK, so the IL (internet lady) is just doing what trademark owners need to do which is to protect and police their rights to trademark. If they don't, then they might lose the rights if challenged in court.

I've drawn portraits from photos taken by others like stills in movie films and title them "A Study of Savaak, The Wrath of Kahn, Universal Studios"

I think if one is duping a fragrance, it has to be clearly marked. But if one actually buys that fragrance and uses it, they should be able to say "Lovespell by VS added, 15 ml" or something similar.

Am I wrong?

[Faerywren]

:whistle: Love Potion Number Nine ~~~

OK, so the IL (internet lady) is just doing what trademark owners need to do which is to protect and police their rights to trademark. If they don't, then they might lose the rights if challenged in court.

I've drawn portraits from photos taken by others like stills in movie films and title them "A Study of Savaak, The Wrath of Kahn, Universal Studios"

I think if one is duping a fragrance, it has to be clearly marked. But if one actually buys that fragrance and uses it, they should be able to say "Lovespell by VS added, 15 ml" or something similar.

Am I wrong?

None of the dupes out there are affiliated with the company that started the fragrance. So to say "Lovespell by VS added, 15 ml", you are eluding to the fact that VS has something to do with the making of your product. That is a big no no.

[carol k]

None of the dupes out there are affiliated with the company that started the fragrance. So to say "Lovespell by VS added, 15 ml", you are eluding to the fact that VS has something to do with the making of your product. That is a big no no.

From what I gather this person ericofaz is talking about adding the real perfume to his/her products. Not real smart imo.

Edited August 26, 2010 by carol k

[EricofAZ]

Yes, sorry for the confusion.

What I think I meant to say is:

1: If it is a dupe, say so.

2: If you buy the real perfume from the original manufacturer (or an authorized manufacturer) you should be able to say so.

- Eric

[CareBear]

oops my mistake

Edited August 30, 2010 by CareBear