Copyright question

honeysock

honeysock

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Hi y'all,

If a really popular food blogger whose recipes are based on a really really popular diet were to publish a cookbook, what are the limitations for using the name of the diet? I know I've seen cookbooks written by independent authors that have mentioned that the recipes are for a particular diet. (Atkins, for example.)

Does the new author just need to get permission from the originator of the diet? Or perhaps promise a cut of the profits to him/her?

Thanks, smart people. I no longer Google anything to get answers. I just post the question on AW. : ) More reliable.
 
ResearchGuy

ResearchGuy

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It is a trademark question, not copyright, I'd say.

My non-lawyer take-it-for-what-it-is-worth suggestion would be to include a note or comment (maybe in introduction) to the effect that the recipes are "compatible with the [fill-in-the-blank] diet" and indicating that the name of the diet is trademarked (that is easily verifiable via www.uspto.gov). But I'd recommend against using the trademarked name of the diet in title or otherwise (aside from the note suggested) without explicit written permission from the trademark owner.

--Ken
 
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