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  1. #1

    Default Literary Inspiration for Fragrance

    Hello! I am brand new not only to this board but to the whole art of perfume creation. I come by it out of curiosity and a love of fragrance as well as a more than passing interest in starting an online business of selling bath products featuring blends of my own making. As you can guess, I am finding this to be a lot more complicated the more I research!

    I have been inspired to create a blend that evokes what I think are the best qualities of some favorite literary characters and the thing that concerns me is how I might be able to suggest that inspiration without infringing upon the author's copyright. Perhaps someone with some legal know-how can give me the run-down on what is permissable, but my intention for the names of the fragrances is drawn more from archaic terminology rather than actual characters.

    I hope that made sense. For instance, one character whose persona I would love to try and evoke is Jack Aubrey from Patrick O'Brian's novels. I dont want to name the fragrance after the character himself but wonder if perhaps using a phrase from the books that is connected with him would not be crossing the line.

    Best regards,

  2. #2

    Default Re: Literary Inspiration for Fragrance

    Let's say I were to make a fragrance inspired by James Bond. I'd call it either "James" or "Bond" or base the name on some part of his character. You could call yours "Aubrey". Just an idea.

  3. #3

    Default Re: Literary Inspiration for Fragrance

    The standard that's usually applied is whether the name is likely to cause confusion in consumers, ie. to make them think that your product is actually associated with the book, the book's author, publishing company, etc.

    However, you should be careful, because even if you can win your case in court, you probly don't have that kind of money to spend.

  4. #4

    Default Re: Literary Inspiration for Fragrance

    Come up with something subtle, partial, or otherwise creative, and you should be A-OK. *(And, if I remember correctly, titles can't be copyrighted, if that gives you any ideas. *Check the Library of Congress copyright website, for corroboration of this.)

    All this is irrelevant if you're working with something that is old enough to be in public domain. (You'd be scot-free, no doubt, naming something "Lady McBeth".) So breathe easier...

    And get this: *"The United States District Court for the Southern District of New York landed on the side of free speech in determining that the use of TIMMY HOLEDIGGER for a pet perfume did not infringe Tommy Hilfiger’s (“Hilfiger”) TOMMY HILFIGER and flag design trademarks. " *(From: * )

    If THAT can fly...

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