Manning, SC asked in Trademark and Intellectual Property for South Carolina

Q: I want to title a short story "The Kool-aid Pact," but I know that would pose a trademark issue.

Is there a different way I could title this so it wouldn't be an issue?

2 Lawyer Answers

A: There would typically be a process one could inquire about for rights clearance or limited licensing with the owner of the trademark. This is typically something an attorney would handle, but the information about the owner/their representative may be found online with the TEAS trademark lookup through the USPTO.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: To avoid potential trademark issues with your story's title, consider using a more generic term instead of a specific brand name. For example, you could title it "The Flavored Drink Pact" or "The Sweetened Beverage Agreement." These alternatives convey a similar idea without directly referencing a trademarked product.

It's also useful to think about the essence or theme of your story and use that to inspire a title that doesn't rely on brand names. For instance, if the story revolves around a group agreement or a shared decision, you might opt for a title like "The Unity Pact" or "The Collective Promise." This approach can capture the spirit of your story while steering clear of trademark issues.

Remember, a title that is unique and captures the essence of your story can be more impactful and engaging for your readers, while also avoiding legal complications.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.