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Topic: Can you sell Guitar Pick Jewelry?  (Read 1532 times)
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« Reply #10 on: October 06, 2007 11:19:03 AM »

           You can also get in trouble with using trademarks. I used to sell fused glass hearts and named them " hearts on fire". The company who had the trademark "hearts of fire" sent me a letter asking me to discontinue the use of the phrase... due to it being very simular. I did so without a gripe.

I didn't say it wasn't a problem. I'm saying you need to understand the difference between copyright & trademark.

You can use similar trademarks, just not in the same category. For example, Sonata = sleeping pill and Sonata = Car and Sonata = software.

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« Reply #11 on: October 06, 2007 11:47:15 AM »

Thanx everyone! With the trademark, I can't see how you can get in trouble if it ended the same. Like if you used a certain wording that happened to be the same as another item from a different company, in which you had not known. How can they trademark words? So, if you were to rearrange the wording then there would be no way they can say discontinue the use of the word(s). Right? 
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« Reply #12 on: October 09, 2007 03:40:30 PM »

I think the problem was that the phrase "hearts of fire", even though it isn't trademarked, is too similar to the phrase "hearts on fire".  People would probably get the two confused, so it counts as infringing on the trademark. 

It's like if you started a cartoon company called "Disnee"... even if you named it without ever knowing about Disney, you might be taking profit away from them because people might buy your cartoons thinking they were authentic Disney ones.  Kind of a crummy example because EVERYONE knows what Disney is, but you get the idea.  Wink

So if WireWrapper changed the name a little to be a bit less similar, maybe "Firey Hearts" or something, that would be OK. 
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