7 replies
Hi all,

I recently wrote a post on my health blog about a new slimming pill/drug and received an email from their brand-protection team asking me to take down the post as it was infringing on their trademarked word. Now I'm not looking for legal advice but the post I wrote is simply explaining the benefits of the "drug" for my readers. I'm not pushing any related affiliate stuff with it and the page doesn't have Adsense on.

Surely they can't stop people writing about it and simply mentioning the word online?

I'm probably going to take it down but just wanted to know if I'm being bullied here lol.

P.S. the word in question is an active trademark.
#trademark #word
  • Profile picture of the author Jon Patrick
    I'm not a lawyer, but this is a fairly simple one. They have no legal leg to stand on. You can write about any drug or other product freely. Simply mentioning a branded name in the course of discussing it does not constitute trademark infringement.
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  • Profile picture of the author Louis Raven
    That's what I'm thinking. HostGator (my host) sent me an email suggesting I take it down but I can't see what harm I'm doing and it's definitely not confusing people into thinking I am the company.
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  • Profile picture of the author John Alves
    You don't need to take it down. You are legal under fair use and are allowed to provide commentary.

    For more information about fair use, go here:
    Stanford Copyright & Fair Use - What Is Fair Use?
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  • Profile picture of the author kindsvater
    Without having read your post any suggestion is pure speculation. But from what you stated it appears to be unjustified bullying.

    Those the are type of companies I write posts about to dare them into legal action.

    .
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  • Profile picture of the author TeamBringIt
    Originally Posted by Louis Raven View Post

    Hi all,

    I recently wrote a post on my health blog about a new slimming pill/drug and received an email from their brand-protection team asking me to take down the post as it was infringing on their trademarked word. Now I'm not looking for legal advice but the post I wrote is simply explaining the benefits of the "drug" for my readers. I'm not pushing any related affiliate stuff with it and the page doesn't have Adsense on.

    Surely they can't stop people writing about it and simply mentioning the word online?

    I'm probably going to take it down but just wanted to know if I'm being bullied here lol.

    P.S. the word in question is an active trademark.
    Sounds like a bunch of bs. You are simply mentioning a word and not doing anything else. Now if you were an affiliate and possibly bidding on that word using ppc or other advertising means, then they could possibly bother you.

    Simply mentioning a word on a blog, does not equal infringement. Ignore and move on.
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  • Profile picture of the author HeySal
    Originally Posted by Louis Raven View Post

    Hi all,

    I recently wrote a post on my health blog about a new slimming pill/drug and received an email from their brand-protection team asking me to take down the post as it was infringing on their trademarked word. Now I'm not looking for legal advice but the post I wrote is simply explaining the benefits of the "drug" for my readers. I'm not pushing any related affiliate stuff with it and the page doesn't have Adsense on.

    Surely they can't stop people writing about it and simply mentioning the word online?

    I'm probably going to take it down but just wanted to know if I'm being bullied here lol.

    P.S. the word in question is an active trademark.
    You want to get smacked for everything you are worth including possible jail time? Use the word "cure" along with your medical advice if you aren't a credentialed medical professional. Even they can get into hock with that word if it's not hooked to a perscription drug.

    And yes - other words besides "cure" have been trademarked, although, they are restricted to specific uses. The word "cure" is only restricted as far as it deals with things to use for medical problems. If you talk about a "cure" for a problem like a bad slice in golfing, that does not apply and they can't come after you for using it.

    As far as a word that is a trademark such as a company name, slogan, etc - it will also depend on context but I'd not rely on anyone other than a trademark lawyer to say whether your usage might cause litigation or not.

    The fact is though - when you are giving medical advice, there are one huge lot of laws that you need to know and understand about what you say about an element or product. I would take a threat fairly seriously if it's from an authority entity. You'll probably find you can change wording pretty easily to say the same thing without actually infringing on laws. Claims of health benefits all by themselves without even going to trademarked word levels can be extremely dangerous so you might want to do some extra research about the laws. It doesn't sound like you have enough of a handle on this subject to take chances with it at the moment.
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    Sal
    When the Roads and Paths end, learn to guide yourself through the wilderness
    Beyond the Path

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