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Can I get sued for using a song title for menu items

Discussion in 'Copyright, Trademark, Patent Law' started by Desiree0702, Apr 12, 2019.

  1. Desiree0702

    Desiree0702 Law Topic Starter New Member

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    Hello, I wanted to start a food business and planned on using song title as the name of my dishes. I was going to credit the artist in the description and explain this dish was inspired by so & So
    Artist. Here’s an example “Named after Miles Davis song So What.....”. The dish will be called “So What” and that’s what will appear on the menu but in small print underneath I will state what I just typed in the “”. I want to know if I am able to do that or will I be at risk for someone suing me due to copyright or trademark issues. Thank you in Adaance for your advice :)
    Also if I was at risk of being sued. If I changed the spelling of the name and still credit the artist would that make it better?
     
  2. flyingron

    flyingron Active Member

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    Song titles are not protectable by copyright.

    Trademark might be an issue, though probably less likely in the case of songs not currently in the public spotlight.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    I'm trying to think up song titles that can be associated with food. Otherwise I'm not sure it makes sense to even do it. Let's see:

    Runaround Soup
    Heart and Soul Food
    Am I Blue Cheese
    Wind Beneath My Buffalo Wings
    Over the Rainbow Trout
    Tutti Frutti Ice Cream
    Garden Party Salad

    I had a hard time thinking up those.

    Some of those, you'd probably get sued for.

    When in doubt, get consent or don't do it.
     
  4. army judge

    army judge Super Moderator

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  5. zddoodah

    zddoodah Well-Known Member

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    We have no reason to believe you're not able to do that, but you will be at risk of being sued. The simplest explanation as to why: because you're using the work of others to enhance what you're doing.

    No.

    P.S. I agree that some of "adjusterjack's" examples would not get you sued, and that illustrates that specifics matter. Consult with a local attorney.
     

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