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Trademarked Food Question

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AdamDee

Junior Member
What is the name of your state (only U.S. law)? Idaho

I have a question about using the name of trademarked food items in a book that I am writing on eating healthy at fast food restaurants. Here are my questions.

1. Am I allowed to use the name of trademarked food items in my writing? For instance, mentioning the Burger King Whopper or McDonald's Big Mac.

2. Am I allowed to use the nutritional information that they provide to the public, such as calories, fat etc. in my own writing?

3. What about logos? I have seen store logos used on shopping comparison sites. What are the rules governing these?

Any other relevant advice would be appreciated as well.
 


FlyingRon

Senior Member
Nutritional facts would not be covered by copyright. Even the representation is pretty canned by regulations which would mean that there's no intellectual property (copyright, trademark, or otherwise).

If you use their trademark only in the descriptive form (e.e.g, This is the nutritional fact sheet for a McDonald's Big Mac), then it will be OK. As long as you don't market your book with their trademarks or do anything to confuse the public into thinking that you are working on behalf of the trademark holder.
Same as with the logos.

I'd be careful to spell and capitalize the logos the same way the trademark owner does and be careful to point out who owns the trademarks (as well as using the proper TM or Registered (circle R) mark for them. A disclaimer you are not affiliated with them isn't a bad idea. None of this is strictly required, but it will go a long way from getting the trademark holders upset.
 

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