Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
Hello, I will be assisting you.
Let me review your question
Generally speaking, a non owner of a trademark may use a trademark nominatively i.e. reference can be made to the actual trademarked product or its source. In addition to protecting product criticism and analysis, US law permits nominative usage by competitors in the form of comparative advertising. The question of confusion though remains. So with such nominative use one must make sure that a customer is not confused about the source of the product that is making the reference (i.e. the referring product is unrelated to the trademarked product)
Generally speaking you can mention a trademarked diet in a book but personally I would not prominently put it in the first line. For example how about: Eating with Metabolic Syndrome: recipes for Metgenics FirstLine Therapy Diet. Please note that this example is just my personal opinion and not by any means a legal determination that such example is not infringing.
You should also include a prominent disclaimer on the cover that your book is not related to Metgenics FirstLine Therapy and is not endorsed by it.
Finally, every time you mention their name don't forget to add a circle-R (trademark sign) next to it
I trust that I answered your question
Please rate my answer. Without your positive rating I do not get compensated
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).