Legal Question in Business Law in Florida
I am opening a bakery. I want to make and sell a cupcake made with candy bars, such as Baby Ruth. Can I legally use the candy bars and call the cupcake a "Baby Ruth" cupcake? Or do I need to use a different name for the cupcake? May I use the candy bar name in the description of the cupcake?
Asked on 10/17/09, 3:13 am
1 Answer from Attorneys
Sarah Grosse
Sarah Grosse, Esquire
Interesting question. If you identify the trademark, e.g. "Baby Ruth", with a R-circle in the name/description of the cupcake and put a footnote which says "Baby Ruth is a registered trademark of ____", you may be okay. But, I cannot give you any definitive advice in that regard from arms-length.
Answered on 10/17/09, 7:51 am
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