Legal Question in Intellectual Property in Illinois

Re: using brand names in cookbook

I would concur with Donald R. Simon's thoughts and add the following: In the book, put a disclaimer in the front to the effect that trademarks and brands are the property of their respective owners, and no claim is made to them and no endorsement by them of your book or recipes is implied or claimed.

I, too, can assist with attempting to negotiate a license agreement -- see my website at www.incorporatecalifornia.com for more information. I am licensed in CA & IL.

Regards,

Re: using brand names in cookbook

You can use brand names when listing the ingredients. It may be advisable to use the registration symbol, "�," when using the names. You can also use Trader Joe's and Whole Foods when discussing where to get products, too. Just because a word is trademarked, does not mean that the word is now deleted from the English language. The issues hinges on whether the mark is being used in a way to as "palm off" a product or service coming from a particular source when in fact, it is coming from somewhere else.

But incorporating the Whole Foods or Trader Joe's in the title of the book is a direct attempt at selling something under another's trademark. If you do so w/o permission, it will most likely be considered trademark infringement. Please call me at 773.882.4912 to discuss obtaining a trademark license agreement with Whole Foods. Please visit my website at: www.entertainmentlawchicago.com

Thanks and good luck...

Don Simon