Legal Question in Intellectual Property in Georgia
''fair use''
Hi there. I'm writing a book. In the appendix of the book, I've listed some foods (in a positive light) and also combined some of these foods to form meals and daily menus. I've also listed the nutritional information for each food product as provided on it's packaging label. In order to be sure that I correctly used the (circled) R and/or TM, and properly phrased all of the statements in the front of the book in the copyright/trademark page statements (______ is a registered trademark of ______), I submitted a letter to each food manufacturer. Instead of just asking them to fill in the blanks and advise me if I should use R or TM, I (probably to my own demise) requested permission to use their food products (and thier nutritional information) in my book. Many wrote back that it was considered ''Fair Use,'' and
others gave permission. On of the one big ones I really would have trouble omitting, denied my permission. If it's technically ''Fair Use,'' how can they deny me the right to use it? Can I use it anyway? Thank you for your service. --name removed--
1 Answer from Attorneys
Re: ''fair use''
It would be impossible to tell you whether it would be fair use without knowing the protected mark and the context in which it will be used. Of course, even if it is fair use, they may still not give you permission, but you would not need it anyway under fair use.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
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