Legal Question in Intellectual Property in California
using content from a commercial source
I want to write language learning software that uses vocabulary words from a very popular language audio program called Pimsleur (a division of Simon and Schuster). Am I allowed to use the words they use in my software? Also, do I have to get their permission to put their name (Pimsleur) in the description of my software?
2 Answers from Attorneys
Re: using content from a commercial source
You should be able to use any words you want, because individual words are not copyrightable. As for mentioning their name, it would be best to get permission, but if you are simply mentioning the name of the product or company, and identify it correctly as a trademark belonging to them, you should be okay. What you may NOT do is imply that your product comes from, or is endorsed by, that other company.
I would strongly advise you, though, to speak with a competent intellectual property attorney before you publish your work. The exact wording you use, or other factors, may be important.
Re: using content from a commercial source
You do need permission to use the Pimsleur name. As to the vocabulary words, you need permission if you use the vocabulary words in the same order and arrangement as Pimsleur, or if you use Pimsleur's definitions verbatim.