Using Name Brands

Business By KuyaRomeo Updated 20 Oct 2011 , 9:32pm by KuyaRomeo

KuyaRomeo Posted 20 Oct 2011 , 2:56am
post #1 of 4

Am I legally allowed to use the name of a brand of ingredients?

For example:

Can you call a cookies an "M&M cookie" ?

What about in your description . .

Can you say "Infused with Ghiradelli Chocolate" ?

and that sort of thing?

3 replies
myslady Posted 20 Oct 2011 , 5:49am
post #3 of 4
Quote:
Originally Posted by KuyaRomeo

Am I legally allowed to use the name of a brand of ingredients?
For example:
Can you call a cookies an "M&M cookie" ?




Probably not - This would imply the item was made by Mars and probably would require a fully executed license agreement.

Quote:
Originally Posted by KuyaRomeo

What about in your description . . Can you say "Infused with Ghiradelli Chocolate" ? and that sort of thing?




If you use the trademark in the description, this lets consumers know that you use it as an ingredient, but the recipe is yours. example:
KuyaRomeo's Chocolate Cake - A white chocolate cake filled with a milk chocolate mousse infused with Ghirdelli Chocolate

If you wanted to list the item as KuyaRomeo's chocolate cake featuring Ghiradelli Chocolate Or Chocolate cake made with Ghiradelli Chocolate or something like that, you would probably need a letter of consent from the company.

I would personally contact the company and see what they say about how to use their trademark so that you dont get sued as in the example provided by KelleyM.

KuyaRomeo Posted 20 Oct 2011 , 9:32pm
post #4 of 4

Thanks for your replies . .

After reading them, and more personal consideration, I have opted to email Ghiradelli and ask if I can use them as a descriptive element (i.e.: buttercream infused with Ghiradelli chocolate)

Probably, simply because I asked, they will say no. You never win when you try to do things right . . that I have learned.

I guess I can always describe it as infused with rich quality chocolate . . .

Sigh.

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