Legal Question in Intellectual Property in Oregon

I am writing an ebook on a medication (just as an example, let's say that medication is Viagra), and I'm planning on using that medication's name in the URL. So, I might sell it at "bestviagraguide6378.com for example. (Again, that is just an example. That actual website does not exist.)

How likely am I to get a "cease and desist" letter from that drug's manufacturer? And would I only get a letter, or am I actually likely to get sued? I intend to mention on the website that "Viagra is a regsitered trademark of Pfizer. This website is not affiliated with nor endorsed by Pfizer".

I'm not sure if this is actualy illegal. And if it is, I'm not certain how likely I am to actually be contacted by that drug manufacturer.

Any advice? Thanks.


Asked on 7/29/10, 6:20 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

Try contacting the registered trademark owner in advance to obtain their consent. It should not be a big issue and then you won't have any sleepless nights. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 8/04/10, 6:45 am


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