# Naming products, is this legal?



## Jezzy (Jun 4, 2011)

I was just wondering about naming products. Mainly my soaps. Would I be allowed to name them after songs? (music has always played a HUGE role in my life) Like I have one salt soap that I call Dream Weaver and I have a pretty swirly soap that I was thinking about calling Lucy in the Sky with Diamonds or Kaleidoscope Eyes. 

Is that legal?


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## carebear (Jun 4, 2011)

no, it's not


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## JenniferSews (Jun 4, 2011)

Nope.  The artists own those song titles and are protected by copywright laws.


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## Jezzy (Jun 4, 2011)

That is what I thought. Thanks for the quick response!


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## LillaSyster (Jun 4, 2011)

I had the same idea too and had been collecting song titles for months thinking I would use them one day, then I realized it was probably not legal so I have come up with my own names. That part has been fun though...sniffing a soap with my eyes closed and trying to figure out its name.


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## Rob K (Jun 4, 2011)

Song titles are not copyrighted, only the lyrics and melody. There are many instances of different songs that have the same title. So I would name my soaps the way I wished, and not worry about the possibility that some musical artist somewhere might notice that I was offering a soap with the same name as a song they wrote, and be upset enough about it to have an attorney send a cease and desist letter.

Copying another soapmaker's soap & name is a different story, however...


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## Bukawww (Jun 5, 2011)

I disagree with Rob.  Even if the titles are not, the intellectual property is and selling something on the back of someone else's ideas just seems wrong.

Kinda like the 'Twilight' soaps...there is a soapmaker here who names their soaps similarly to music (a play on the actual song title)...I think thats probably more 'kosher'


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## Rob K (Jun 5, 2011)

That's ok if you don't agree with me, and if you think that naming your products after a song you admire is somehow "unfair", I don't think anyone will think less of you.

However, the OP was asking if it was legal. And generally speaking, it is. Feel free to look it up if you don't believe me. Where most people go astray is confusing copyrights with trademarks and/or brand names. This is where your "Twilight" example is headed.

With a trademark, you are protecting the rights to your brand/product with a specific image or representation, to prevent confusion in the mind of an average consumer between your product and a competitors similar or related product. This is why we consider copying someone else's soap designs as undesirable.

Referring back to your "Twilight" example, if you just named one of your soaps "Twilight" you would be ok, as there is no general association between soap and a movie. But if you suggest that the soap is related in some way to the Twilight franchise, then you would be infringing.

Hope this clears things up a bit...


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## TJ (Jun 6, 2011)

I would think you could name it whatever you want. As long as you don't affiliate it with where it comes from. Such as all the twilight soaps I see. If someone wanted to name their soap Team Edward or whatever, they should be allowed to as long as it is not referenced to the twilight book series or movie. For all anyone knows, the soapmaker's name is Edward and it's his team's soap or something.
I saw on Etsy someone started a thread in the forum saying they got a cease and desist letter from twilight ONLY because she said in her description "I was inspired by twilight" as in the book/movie. And I believe thats the part that got her in trouble. Not because she named her soap Twilight.
But this is just what I think. What I've heard. I don't sell, so I don't have to worry about these kinds of things haha. But there are a lot of Lawyers out there that will give free consultations if you would like to get a definite answer. Hope that helps.  

Edit: Hmmm. Or I was just thinking... you could give some kind of disclaimer: "My soap is not affiliated with such and such."
When I search for music on Youtube, a lot of time the music company has had Youtube mute the video because they are using a company's music without permission. People have now started putting disclaimers in their video descriptions saying "I do not own the song. It belongs to so and so. blah blah" Really short litle disclaimers. And as far as I can tell, the music companies have not muted any more videos that have the disclaimer.
Oh and Wholesale supplies plus has "Compare our fragrance to so and so's fragrance" selection. They call it the exact same names and even reference that their fragrance oils smell like bath and body works' for example. But they do put a disclaimer that they aren't affiliated with bath and body works.

Just throwing my thoughts out there. But I would diffidently recommend that you ask a lawyer though. (Some will just tell you your answer for free!) These are just *my* thoughts on this.


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## Jezzy (Jul 18, 2011)

Update...

I wrote Gary Wright and actually got permission to name my soap Dream Weaver!


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## Tabitha (Jul 18, 2011)

You will send him a boxful, right?


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## Jezzy (Jul 18, 2011)

Yes.. I did. He is actually here in Germany with his wife. I sent it to his hotel


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## Tabitha (Jul 18, 2011)

Perfect! Great publicity too.


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## Lindy (Jul 19, 2011)

Jezzy - that is fantastic news!!!


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## Jezzy (Jul 19, 2011)

I am pretty excited about it. They (he and his wife Rose) were actually pretty nice. I left a card with him and I am hoping that maybe she will give me a review on the soap to use. Maybe   

I was never really expecting an answer to my e-mail. I just thought it doesn't hurt to try. :wink:


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## xyxoxy (Jul 19, 2011)

Jezzy said:
			
		

> I just thought it doesn't hurt to try. :wink:



That's one of the mottos I live by...


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