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How can I safely use “Thalidomide” in my novel while respecting the trademark?
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Thalidomide is a tricky one, as I am referring to its disastrous past regarding birth defects; however, Thalidomide is still used as a immunomodulatory drug today - and even though its used under another name, I'm worried about using the trademarked "Thalidomide" in my novel (One I plan to publish).
Although I try my best to avoid trademarks like the plague, I'm not sure how I can write, especially negatively, in regards to this medicine and the disaster while legally protecting my novel and any subsequent revenue.
Although I could create a pseudonym for "Thalidomide", I do not want to go this route - I reference other important historical events in my novels as well and want to stay as realistic as possible. If possible, I would like to use its actual name.
legalese medical trademarks publishing
add a comment |
Thalidomide is a tricky one, as I am referring to its disastrous past regarding birth defects; however, Thalidomide is still used as a immunomodulatory drug today - and even though its used under another name, I'm worried about using the trademarked "Thalidomide" in my novel (One I plan to publish).
Although I try my best to avoid trademarks like the plague, I'm not sure how I can write, especially negatively, in regards to this medicine and the disaster while legally protecting my novel and any subsequent revenue.
Although I could create a pseudonym for "Thalidomide", I do not want to go this route - I reference other important historical events in my novels as well and want to stay as realistic as possible. If possible, I would like to use its actual name.
legalese medical trademarks publishing
perhaps the name is used widely enough that it can pass as a generic term, like ziploc bag or garbage disposall
– jlovegren
6 hours ago
1
This isn’t really about the English language – it’s more of a request for writing advice. You may not be aware, but there is a StackExchange site specifically devoted to giving advice to writers: Writing. This seems like it would be a much better fit there than it is here, on a site that’s primarily about the nuts and bolts of English grammar, syntax, etc. I’ve gone ahead and flagged your question for the moderators and asked them to move it to the Writers site for you.
– Janus Bahs Jacquet
5 hours ago
@JanusBahsJacquet Oh my goodness, I MEANT to post this in writing, not in English. Is there an easy way to transfer for would this have to be deleted and reposted? My bad. I can't believe I did this
– Margaret Belt
5 hours ago
Ah yes, I see now you already have rep on Writers so you know about it. Don’t worry about the mispost – it happens. A moderator will see it within long and move it there; there’s no need to delete and repost.
– Janus Bahs Jacquet
5 hours ago
BTW, thalidomide is not the trade name, it is the generic. And the disaster it was is commonly known. I can’t see how it would hurt the company to “reveal” that because for a patient to use it 1. They have something severe and 2. They can only get it through a special program and have to sign all sorts of stuff and be on 2 forms of birth control, etc. So you would not be defaming it in anyway. (I am not a lawyer or author.). Good luck on Writing SE. i lurk there sometimes. I dkn’t write but it is interesting to see what writers need to thibk about.
– Damila
3 hours ago
add a comment |
Thalidomide is a tricky one, as I am referring to its disastrous past regarding birth defects; however, Thalidomide is still used as a immunomodulatory drug today - and even though its used under another name, I'm worried about using the trademarked "Thalidomide" in my novel (One I plan to publish).
Although I try my best to avoid trademarks like the plague, I'm not sure how I can write, especially negatively, in regards to this medicine and the disaster while legally protecting my novel and any subsequent revenue.
Although I could create a pseudonym for "Thalidomide", I do not want to go this route - I reference other important historical events in my novels as well and want to stay as realistic as possible. If possible, I would like to use its actual name.
legalese medical trademarks publishing
Thalidomide is a tricky one, as I am referring to its disastrous past regarding birth defects; however, Thalidomide is still used as a immunomodulatory drug today - and even though its used under another name, I'm worried about using the trademarked "Thalidomide" in my novel (One I plan to publish).
Although I try my best to avoid trademarks like the plague, I'm not sure how I can write, especially negatively, in regards to this medicine and the disaster while legally protecting my novel and any subsequent revenue.
Although I could create a pseudonym for "Thalidomide", I do not want to go this route - I reference other important historical events in my novels as well and want to stay as realistic as possible. If possible, I would like to use its actual name.
legalese medical trademarks publishing
legalese medical trademarks publishing
asked 6 hours ago
Margaret BeltMargaret Belt
707
707
perhaps the name is used widely enough that it can pass as a generic term, like ziploc bag or garbage disposall
– jlovegren
6 hours ago
1
This isn’t really about the English language – it’s more of a request for writing advice. You may not be aware, but there is a StackExchange site specifically devoted to giving advice to writers: Writing. This seems like it would be a much better fit there than it is here, on a site that’s primarily about the nuts and bolts of English grammar, syntax, etc. I’ve gone ahead and flagged your question for the moderators and asked them to move it to the Writers site for you.
– Janus Bahs Jacquet
5 hours ago
@JanusBahsJacquet Oh my goodness, I MEANT to post this in writing, not in English. Is there an easy way to transfer for would this have to be deleted and reposted? My bad. I can't believe I did this
– Margaret Belt
5 hours ago
Ah yes, I see now you already have rep on Writers so you know about it. Don’t worry about the mispost – it happens. A moderator will see it within long and move it there; there’s no need to delete and repost.
– Janus Bahs Jacquet
5 hours ago
BTW, thalidomide is not the trade name, it is the generic. And the disaster it was is commonly known. I can’t see how it would hurt the company to “reveal” that because for a patient to use it 1. They have something severe and 2. They can only get it through a special program and have to sign all sorts of stuff and be on 2 forms of birth control, etc. So you would not be defaming it in anyway. (I am not a lawyer or author.). Good luck on Writing SE. i lurk there sometimes. I dkn’t write but it is interesting to see what writers need to thibk about.
– Damila
3 hours ago
add a comment |
perhaps the name is used widely enough that it can pass as a generic term, like ziploc bag or garbage disposall
– jlovegren
6 hours ago
1
This isn’t really about the English language – it’s more of a request for writing advice. You may not be aware, but there is a StackExchange site specifically devoted to giving advice to writers: Writing. This seems like it would be a much better fit there than it is here, on a site that’s primarily about the nuts and bolts of English grammar, syntax, etc. I’ve gone ahead and flagged your question for the moderators and asked them to move it to the Writers site for you.
– Janus Bahs Jacquet
5 hours ago
@JanusBahsJacquet Oh my goodness, I MEANT to post this in writing, not in English. Is there an easy way to transfer for would this have to be deleted and reposted? My bad. I can't believe I did this
– Margaret Belt
5 hours ago
Ah yes, I see now you already have rep on Writers so you know about it. Don’t worry about the mispost – it happens. A moderator will see it within long and move it there; there’s no need to delete and repost.
– Janus Bahs Jacquet
5 hours ago
BTW, thalidomide is not the trade name, it is the generic. And the disaster it was is commonly known. I can’t see how it would hurt the company to “reveal” that because for a patient to use it 1. They have something severe and 2. They can only get it through a special program and have to sign all sorts of stuff and be on 2 forms of birth control, etc. So you would not be defaming it in anyway. (I am not a lawyer or author.). Good luck on Writing SE. i lurk there sometimes. I dkn’t write but it is interesting to see what writers need to thibk about.
– Damila
3 hours ago
perhaps the name is used widely enough that it can pass as a generic term, like ziploc bag or garbage disposall
– jlovegren
6 hours ago
perhaps the name is used widely enough that it can pass as a generic term, like ziploc bag or garbage disposall
– jlovegren
6 hours ago
1
1
This isn’t really about the English language – it’s more of a request for writing advice. You may not be aware, but there is a StackExchange site specifically devoted to giving advice to writers: Writing. This seems like it would be a much better fit there than it is here, on a site that’s primarily about the nuts and bolts of English grammar, syntax, etc. I’ve gone ahead and flagged your question for the moderators and asked them to move it to the Writers site for you.
– Janus Bahs Jacquet
5 hours ago
This isn’t really about the English language – it’s more of a request for writing advice. You may not be aware, but there is a StackExchange site specifically devoted to giving advice to writers: Writing. This seems like it would be a much better fit there than it is here, on a site that’s primarily about the nuts and bolts of English grammar, syntax, etc. I’ve gone ahead and flagged your question for the moderators and asked them to move it to the Writers site for you.
– Janus Bahs Jacquet
5 hours ago
@JanusBahsJacquet Oh my goodness, I MEANT to post this in writing, not in English. Is there an easy way to transfer for would this have to be deleted and reposted? My bad. I can't believe I did this
– Margaret Belt
5 hours ago
@JanusBahsJacquet Oh my goodness, I MEANT to post this in writing, not in English. Is there an easy way to transfer for would this have to be deleted and reposted? My bad. I can't believe I did this
– Margaret Belt
5 hours ago
Ah yes, I see now you already have rep on Writers so you know about it. Don’t worry about the mispost – it happens. A moderator will see it within long and move it there; there’s no need to delete and repost.
– Janus Bahs Jacquet
5 hours ago
Ah yes, I see now you already have rep on Writers so you know about it. Don’t worry about the mispost – it happens. A moderator will see it within long and move it there; there’s no need to delete and repost.
– Janus Bahs Jacquet
5 hours ago
BTW, thalidomide is not the trade name, it is the generic. And the disaster it was is commonly known. I can’t see how it would hurt the company to “reveal” that because for a patient to use it 1. They have something severe and 2. They can only get it through a special program and have to sign all sorts of stuff and be on 2 forms of birth control, etc. So you would not be defaming it in anyway. (I am not a lawyer or author.). Good luck on Writing SE. i lurk there sometimes. I dkn’t write but it is interesting to see what writers need to thibk about.
– Damila
3 hours ago
BTW, thalidomide is not the trade name, it is the generic. And the disaster it was is commonly known. I can’t see how it would hurt the company to “reveal” that because for a patient to use it 1. They have something severe and 2. They can only get it through a special program and have to sign all sorts of stuff and be on 2 forms of birth control, etc. So you would not be defaming it in anyway. (I am not a lawyer or author.). Good luck on Writing SE. i lurk there sometimes. I dkn’t write but it is interesting to see what writers need to thibk about.
– Damila
3 hours ago
add a comment |
2 Answers
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Here is the entry for thalidomide in Merriam-Webster's Ninth New Collegiate Dictionary (1983):
thalidomide n {phthalic acid + -id- (fr. imide) + -o- + imide} (1962) : a sedative and hypnotic drug C13H10N2O4 that has been the cause of malformation of infants born to mothers using it during pregnancy
What this entry means is that thalidomide is a generic name for a chemical compound—like aspirin. It isn't a proper name and therefore should not be capitalized.
According to the Wikipedia article on thalidomide, the drug was sold under the following trade names:
Contergan, Thalomid, Immunoprin, Talidex, Talizer, Neurosedyn, Distaval and many others
But if you use the generic term thalidomide, you aren't pointing to any specific brand sold during the 1950s (or later) and, again, you shouldn't capitalize the word.
add a comment |
Thalidomide is the generic form of the brand-name drug Thalomid. I would think no one owns a trademark on a generic name. If you are taking thalidomide to treat XYZ, the most common side effects are: … is an example of a name that is geneticized but if the sentence reads; If you are taking Thalomid … then you would be using the brands name.
New contributor
add a comment |
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2 Answers
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2 Answers
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active
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Here is the entry for thalidomide in Merriam-Webster's Ninth New Collegiate Dictionary (1983):
thalidomide n {phthalic acid + -id- (fr. imide) + -o- + imide} (1962) : a sedative and hypnotic drug C13H10N2O4 that has been the cause of malformation of infants born to mothers using it during pregnancy
What this entry means is that thalidomide is a generic name for a chemical compound—like aspirin. It isn't a proper name and therefore should not be capitalized.
According to the Wikipedia article on thalidomide, the drug was sold under the following trade names:
Contergan, Thalomid, Immunoprin, Talidex, Talizer, Neurosedyn, Distaval and many others
But if you use the generic term thalidomide, you aren't pointing to any specific brand sold during the 1950s (or later) and, again, you shouldn't capitalize the word.
add a comment |
Here is the entry for thalidomide in Merriam-Webster's Ninth New Collegiate Dictionary (1983):
thalidomide n {phthalic acid + -id- (fr. imide) + -o- + imide} (1962) : a sedative and hypnotic drug C13H10N2O4 that has been the cause of malformation of infants born to mothers using it during pregnancy
What this entry means is that thalidomide is a generic name for a chemical compound—like aspirin. It isn't a proper name and therefore should not be capitalized.
According to the Wikipedia article on thalidomide, the drug was sold under the following trade names:
Contergan, Thalomid, Immunoprin, Talidex, Talizer, Neurosedyn, Distaval and many others
But if you use the generic term thalidomide, you aren't pointing to any specific brand sold during the 1950s (or later) and, again, you shouldn't capitalize the word.
add a comment |
Here is the entry for thalidomide in Merriam-Webster's Ninth New Collegiate Dictionary (1983):
thalidomide n {phthalic acid + -id- (fr. imide) + -o- + imide} (1962) : a sedative and hypnotic drug C13H10N2O4 that has been the cause of malformation of infants born to mothers using it during pregnancy
What this entry means is that thalidomide is a generic name for a chemical compound—like aspirin. It isn't a proper name and therefore should not be capitalized.
According to the Wikipedia article on thalidomide, the drug was sold under the following trade names:
Contergan, Thalomid, Immunoprin, Talidex, Talizer, Neurosedyn, Distaval and many others
But if you use the generic term thalidomide, you aren't pointing to any specific brand sold during the 1950s (or later) and, again, you shouldn't capitalize the word.
Here is the entry for thalidomide in Merriam-Webster's Ninth New Collegiate Dictionary (1983):
thalidomide n {phthalic acid + -id- (fr. imide) + -o- + imide} (1962) : a sedative and hypnotic drug C13H10N2O4 that has been the cause of malformation of infants born to mothers using it during pregnancy
What this entry means is that thalidomide is a generic name for a chemical compound—like aspirin. It isn't a proper name and therefore should not be capitalized.
According to the Wikipedia article on thalidomide, the drug was sold under the following trade names:
Contergan, Thalomid, Immunoprin, Talidex, Talizer, Neurosedyn, Distaval and many others
But if you use the generic term thalidomide, you aren't pointing to any specific brand sold during the 1950s (or later) and, again, you shouldn't capitalize the word.
answered 3 hours ago
Sven YargsSven Yargs
114k20248506
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Thalidomide is the generic form of the brand-name drug Thalomid. I would think no one owns a trademark on a generic name. If you are taking thalidomide to treat XYZ, the most common side effects are: … is an example of a name that is geneticized but if the sentence reads; If you are taking Thalomid … then you would be using the brands name.
New contributor
add a comment |
Thalidomide is the generic form of the brand-name drug Thalomid. I would think no one owns a trademark on a generic name. If you are taking thalidomide to treat XYZ, the most common side effects are: … is an example of a name that is geneticized but if the sentence reads; If you are taking Thalomid … then you would be using the brands name.
New contributor
add a comment |
Thalidomide is the generic form of the brand-name drug Thalomid. I would think no one owns a trademark on a generic name. If you are taking thalidomide to treat XYZ, the most common side effects are: … is an example of a name that is geneticized but if the sentence reads; If you are taking Thalomid … then you would be using the brands name.
New contributor
Thalidomide is the generic form of the brand-name drug Thalomid. I would think no one owns a trademark on a generic name. If you are taking thalidomide to treat XYZ, the most common side effects are: … is an example of a name that is geneticized but if the sentence reads; If you are taking Thalomid … then you would be using the brands name.
New contributor
New contributor
answered 2 hours ago
Vincent WileyVincent Wiley
111
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perhaps the name is used widely enough that it can pass as a generic term, like ziploc bag or garbage disposall
– jlovegren
6 hours ago
1
This isn’t really about the English language – it’s more of a request for writing advice. You may not be aware, but there is a StackExchange site specifically devoted to giving advice to writers: Writing. This seems like it would be a much better fit there than it is here, on a site that’s primarily about the nuts and bolts of English grammar, syntax, etc. I’ve gone ahead and flagged your question for the moderators and asked them to move it to the Writers site for you.
– Janus Bahs Jacquet
5 hours ago
@JanusBahsJacquet Oh my goodness, I MEANT to post this in writing, not in English. Is there an easy way to transfer for would this have to be deleted and reposted? My bad. I can't believe I did this
– Margaret Belt
5 hours ago
Ah yes, I see now you already have rep on Writers so you know about it. Don’t worry about the mispost – it happens. A moderator will see it within long and move it there; there’s no need to delete and repost.
– Janus Bahs Jacquet
5 hours ago
BTW, thalidomide is not the trade name, it is the generic. And the disaster it was is commonly known. I can’t see how it would hurt the company to “reveal” that because for a patient to use it 1. They have something severe and 2. They can only get it through a special program and have to sign all sorts of stuff and be on 2 forms of birth control, etc. So you would not be defaming it in anyway. (I am not a lawyer or author.). Good luck on Writing SE. i lurk there sometimes. I dkn’t write but it is interesting to see what writers need to thibk about.
– Damila
3 hours ago