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  1. #1
    wendycbk is offline Junior Member
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    Using Red Ribbon and Pink Ribbon in Ad

    What is the name of your state? NY

    We did an ad for a client and the image is of a red ribbon and a pink ribbon. The product that our client sells helps with breast cancer and heart. Does someone have the rights to the red ribbon or pink ribbon like a trademark or patent? I looked on the trademark web site and did not see anything. I think it is too generic of a symbol to register. We don't want to run the ads and then get sued for using the images. Do you have any advice? Thanks you.
  2. #2
    FlyingRon is offline Senior Member
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    No, the pink and red ribbons (the latter is more commonly used for AIDS awareness by the way) are not trademarked.
  3. #3
    divgradcurl is offline Senior Member
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    Quote Originally Posted by FlyingRon View Post
    No, the pink and red ribbons (the latter is more commonly used for AIDS awareness by the way) are not trademarked.

    Are you absolutely certain? There appear to be plenty of registrations out there: [url]http://tess2.uspto.gov/bin/showfield?f=toc&state=le2m4e.1.1&p_search=searchss&p_L=50&BackReference=&p_plural=yes&p_s_PARA1=&p_t agrepl%7E%3A=PARA1%24LD&expr=PARA1+AND+PARA2&p_s_PARA2=pink+ribbon&p_tagrepl%7E%3A=PARA2%24COMB&p_op _ALL=AND&a_default=search&a_search=Submit+Query[/url]

    [url]http://tess2.uspto.gov/bin/showfield?f=toc&state=le2m4e.1.1&p_search=searchss&p_L=50&BackReference=&p_plural=yes&p_s_PARA1=&p_t agrepl%7E%3A=PARA1%24LD&expr=PARA1+AND+PARA2&p_s_PARA2=red+ribbon&p_tagrepl%7E%3A=PARA2%24COMB&p_op_ ALL=AND&a_default=search&a_search=Submit+Query[/url]

    This doesn't mean that the particular use the OP is using falls under one of the registrations -- but the OP would be well-advised to at least do a search to make sure that no rights are violated.
  4. #4
    FlyingRon is offline Senior Member
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    Those links refer to a timed out session, but attempting to repeat your search there for "red ribbon" and "pink ribbon" shows nothing of relevence. My original investigation showed nobody in the mainstream industries related to this either the charities nor product manufacturers are asserting any trademark rights. If anybody is, it's been diluted to hell.
  5. #5
    divgradcurl is offline Senior Member
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    Quote Originally Posted by FlyingRon View Post
    Those links refer to a timed out session, but attempting to repeat your search there for "red ribbon" and "pink ribbon" shows nothing of relevence. My original investigation showed nobody in the mainstream industries related to this either the charities nor product manufacturers are asserting any trademark rights. If anybody is, it's been diluted to hell.
    That might be true, but the OP would be well-advised to do his or her own investigation into the ownership of any trademarks in this area, and not rely on an internet opinion that even if a trademark exists, it's too diluted ot enforce.
  6. #6
    FlyingRon is offline Senior Member
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    Such can be said of every single shred of advice given on this web site.
    What is your point, exactly?
  7. #7
    divgradcurl is offline Senior Member
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    Quote Originally Posted by FlyingRon View Post
    Such can be said of every single shred of advice given on this web site.
    What is your point, exactly?
    My point is simply that it is one thing to take the facts that a poster has provided, and come up with advice based on an analysis of the facts, it's quite another to simply state a legal opinion without any basis or evidence. That's all.

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