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How can I safely use “Thalidomide” in my novel while respecting the trademark?


How did kool-aid come to be the drink of fanboys?How can I describe someone who feels little or no emotion?What is the word for the kind of thing that legal laws can apply to?Is the “will” in “can and will” necessary?Can I use “contend” without a preposition?How to rationalise the legal definition of 'to procure'?Which synonyms for “stated” can I use in a legal context?How can 'but' mean 'not'?Can you explain the end of this long law sentence for meHow do 'suicide pacts' relate to the US Constitution?













2















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.










share|improve this question






















  • 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
















2















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.










share|improve this question






















  • 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














2












2








2








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.










share|improve this question














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






share|improve this question













share|improve this question











share|improve this question




share|improve this question










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


















  • 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











2 Answers
2






active

oldest

votes


















3














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.






share|improve this answer






























    1














    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.






    share|improve this answer








    New contributor




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      2 Answers
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      2 Answers
      2






      active

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      active

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      active

      oldest

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      3














      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.






      share|improve this answer



























        3














        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.






        share|improve this answer

























          3












          3








          3







          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.






          share|improve this answer













          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.







          share|improve this answer












          share|improve this answer



          share|improve this answer










          answered 3 hours ago









          Sven YargsSven Yargs

          114k20248506




          114k20248506























              1














              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.






              share|improve this answer








              New contributor




              Vincent Wiley is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
              Check out our Code of Conduct.
























                1














                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.






                share|improve this answer








                New contributor




                Vincent Wiley is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
                Check out our Code of Conduct.






















                  1












                  1








                  1







                  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.






                  share|improve this answer








                  New contributor




                  Vincent Wiley is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
                  Check out our Code of Conduct.










                  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.







                  share|improve this answer








                  New contributor




                  Vincent Wiley is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
                  Check out our Code of Conduct.









                  share|improve this answer



                  share|improve this answer






                  New contributor




                  Vincent Wiley is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
                  Check out our Code of Conduct.









                  answered 2 hours ago









                  Vincent WileyVincent Wiley

                  111




                  111




                  New contributor




                  Vincent Wiley is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
                  Check out our Code of Conduct.





                  New contributor





                  Vincent Wiley is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
                  Check out our Code of Conduct.






                  Vincent Wiley is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
                  Check out our Code of Conduct.



























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                      Is my guitar’s action too high? Announcing the arrival of Valued Associate #679: Cesar Manara Planned maintenance scheduled April 23, 2019 at 23:30 UTC (7:30pm US/Eastern)Strings too stiff on a recently purchased acoustic guitar | Cort AD880CEIs the action of my guitar really high?Μy little finger is too weak to play guitarWith guitar, how long should I give my fingers to strengthen / callous?When playing a fret the guitar sounds mutedPlaying (Barre) chords up the guitar neckI think my guitar strings are wound too tight and I can't play barre chordsF barre chord on an SG guitarHow to find to the right strings of a barre chord by feel?High action on higher fret on my steel acoustic guitar