Monday, July 12, 2010

07/12/10 - Trademark Use; You’re Invited to the Grand Opening!

0.  Blogs & News
2.  Fair Use of Trademarks
3.  SPECIAL: Private Vitamin Lawyer Ad Copy Webinar!
4.  Natural Clinical Trials Center
5.  Vitamin Lawyer connections…

0. Blogs & News –

Recent issues of this Memo have covered such topics as CCDS (Company Core Data Sheets), Trends in FDA Warning Letters; the new FTC testimonial Rule and the FDA Rule regarding “expiration” dates and “best if used by” dates.

Dr. Rima’s video reports from the Codex Commission just concluded…
www .healthfreedomusa .org/?p=5821

See the special message below from Dr. Rima about the Institute Grand Opening! Come join me on a tour of the Valley of the Moon!

Access to the Vitamin Lawyer Webinars and more:
www .NaturalHealthOptions .net

[Please note: URLs in this memo are "broken" with spaces inserted to avoid the memo being treated as "spam" by certain email service providers.]

1. Join Me in Panama for the Grand Opening of the Dr. Rima Institute!

I’ll be traveling from NJ to the beautiful, bountiful, temperate Highlands of Panama from August 3 through August 13 to celebrate the Grand Opening of the Dr. Rima Institute! You can learn more about the Institute at www .DrRima .net

If you’d like to join me, you are invited! Please call me as soon as possible at 973.300.4594 to discuss arrangements.

Here is what Dr. Rima just posted on one of our forums about the event:

I am so happy to report that although Gen. Bert and I had to be at the Codex Commission meeting in Europe, work on the Dr. Rima Institute at the Natural Solutions Center in Panama continues on track and on time for the Grand Opening event of August 7 – 8, 2010. A number of guests will be attending, including the provincial governor. Our co-trustee Ralph Fucetola JD will be leading a group from the United States to attend, inspect the properties and view the 120 acre Phase III parcel that we see as the future home for the Valley of the Moon Eco Community.

To prepare for these events we have scheduled several conference calls:

Two 1 hour Conference Calls: Number for both calls is the same: Please make note of new number: 661-673-8600, PIN: 125038#

Wed. 9 PM Eastern for people who are interested in providing clinical or other services and/or leading seminars.

Thurs. 9 PM Eastern for people who want to make sure that they can acquire a Beneficial interest Certificate (BIC).  We are getting ready to move to Phase III (permanent home) even as we progress with Phase II and the remaining BICs are limited. The participation cost currently is $75,000, but this amount is expected to double when the Phase III parcel is contracted. Remember, a BIC gives you four rights and an opportunity:

1. The right to simple interest at least at the Banco Nacional de Panama prime rate;
2. The right to build and own a home on the Community trust land;
3. The right to buy from Community Enterprises at co-op rates;
4. The right to participate in Community Governance; and
5. The opportunity to develop of Joint Venture Community Enterprise with the Foundation.

Yes, IRA, 401, trust, church and similar funds are certainly welcomed as well!

This week is an important one as we plan for the full function of the Natural Solutions Center. Gen. Bert and I will leave Geneva, where we have been attending the Codex meeting this past week, and where we spent this weekend in meetings with a special colleague, healer, inventer and supporter of our work to see in what ways we can mutually move the important work that his organization and ours engages in.

Monday at 6 AM local time, immediately after we finished the Dr. Rima Reports Internet radio program (9PM to Midnight, Eastern time, but 3 AM to 6 AM Geneva time!) we left to make the plane back to Panama.  We will be travelling for about two days, but you can always contact Ralph Fucetola at 973.300.4594 if you have any questions.

On Tuesday we'll be back in the Valley of the Moon and then the real work starts!  We have a little over 3 weeks to get the Center decorated and ready for the Grand Opening!

The Natural Solutions Center Grand Opening will take place on August 7 and 8. You are invited!  

As I mentioned at the start of this email, we will hold two special Conference Calls:
Wednesday night from 9 PM to 10 PM Eastern for people who are interested in providing clinical services (which means through a Joint Venture with the Foundation and/or leading seminars at the Center and Thursday night 9 PM  to 10 PM Eastern for people interested in making sure that they have a BIC - there are a limited number and we will be moving from Phase II to Phase III rapidly.

By the way, if you have an idea for a seminar, please send as much detail as you can to me at releyes[at] with a copy to Ralph at ralph.fucetola[at] and we'll start working on the schedule, etc.

The call number for the special conference calls is 661-673-8600, PIN: 125038#

I hope you will be able to join us on either one or both of those calls and come to the opening.  Please, PLEASE RSVP let me know since you know how awful it is to run out of food at a party! Email me at Please don't forget and just arrive!

Since Ralph is leading a tour to the Valley of the Moon at the same time, if you want to coordinate with him, please call him as soon as possible.

In addition, if you have other  questions you want to discuss about providing clinical services, having a JV (to provide services or other collaborations), securing your BIC while they are still available, what types of funds can be used for the BIC, etc., etc., feel free to contact Ralph Fucetola, ralph.fucetola[at], Skype "vitaminlawyer", phone 973.300.4594.  

For a look at some of the protocols we will offer, please visit www .DrRima .net.

See you soon!
Yours in health and freedom,
Dr. Rima


2. Fair Use of Trademarks

Dear N...

Let me respond to your question about the use of another company's trademark in your copyright material. "Fair use" is the area of law that allows limited use of other people's copyright or trademark materials. For example, this email constitutes "fair use" of Wiki information...

"In the United States, trademark law includes a fair use defense, sometimes called "trademark fair use" to distinguish it from the better-known fair use doctrine in copyright. As with copyright law, the trademark fair use doctrine is premised in significant part on the First Amendment guarantees of free speech. Fair use is consistent with the more limited protection granted to trademarks, generally specific only to the particular product market and geographic area of the trademark owner.

"Most trademarks are adopted from words or symbols already common to the culture, as Apple Computer is from apple, instead of being invented by the mark owner (such as Kodak). Courts have recognized that ownership in the mark cannot prevent others from using the word or symbol in these other senses, such as if the trademark is a descriptive word or common symbol such as a pine tree. This means that the less distinctive or original the trademark, the less able the trademark owner will be to control how it is used.

"A nonowner may also use a trademark nominatively—to refer to the actual trademarked product or its source. In addition to protecting product criticism and analysis, United States law actually encourages nominative usage by competitors in the form of comparative advertising.

"The fair use defense in trademark law is not precluded by the possibility of confusion, according to the U.S. Supreme Court in 2004... However, courts may consider the possibility of confusion in analyzing whether a use is fair or not. Intent to sow confusion is also relevant; hence, the general rule that no more of the trademark should be used than necessary for the legitimate purpose. For instance, use of a word mark is preferred to a logo, and a word mark in the same style of type as surrounding text is preferred to a word mark in its trademarked distinctive type."


"...allows limited use of copyrighted material without requiring permission from the rights holders, such as for commentary, criticism, news reporting, research, teaching or scholarship. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test...

"1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work."


May I, with identification removed, use your question as an example in one of my VL Update eMemos? Good luck with the book!!!

All rights, public and private, reserved . . .

------ Original Message ------
Received: Thu, 08 Jul 2010 10:58:36 PM EDT
From: "N...
Subject: Using trademarks

> Dear Ralph
> I wanted to ask you a question. Do I need to get permission to use a drug name in a book? I don't think that I do, but I'm a little bit afraid of pharmaceutical companies coming after me. I wonder if it is sufficient to put a disclaimer in my book?
> I'm writing a book called "Train Your Brain, Transform Your Life: Conquer Attention Deficit Disorder in 60 Days, Without Ritalin."
> The book is about a brain training program for ADD, and I share my personal story about how Ritalin did not work for me. I share three positive ways that Ritalin stimulates and arouses the brain, but long term use negates these benefits and makes ADD worse.
> Thanks in advance for pointing me in the right direction.
> With kind regards,
> N...
> www. 20minutestolessstress .com/


3.  New Vitamin Lawyer Ad Copy Webinar – Private for Your Company, via Internet…

I am offering a private, two hour internet webinar, with Powerpoint visual aids and ebook, about writing lawful natural product ad copy, specifically including the new FTC testimonial rule. I will do the presentation over the net and answer any questions from your staff. Email me if your company is interested.

Webinar covers:

DSHEA and Nutrient Claims
Three Levels of Allowed Claims
FDA Guidance on Claims Substantiation
Allowed and Disallowed Terms (detailed lists!)
Common Mistakes
New FTC Testimonial Rule
Varieties of Substantiation
Traditional Uses
Substantiation & Other Resources

Sample: Slide #4

“Dietary Supplement products are governed by a complex of statutes and regulations.  The primary source of marketing rules for nutrient claims is the Dietary Supplement Health & Education Act of 1994 (DSHEA).  This Act is now part of the Food, Drug and Cosmetics Act that empowers the Food and Drug Administration (FDA).  DSHEA codified the right of marketers to make certain kinds of Claims about Dietary Supplements while forbidding others.
In any event, allowable Claims must also be, under Federal Trade Commission (FTC) rules, “truthful and not misleading” which means, there must be a certain level of substantiation for any Claim a marketer wants to make. On the horizon are several layers of international regulations, including the controversial Codex Alimentarius’ Vitamin and Mineral Guidelines that may restrict international trade in supplements and their ingredients.”


4.  Natural Clinical Trials Center

The Natural Solutions Center in Volcan, Panama is expected to be opened by the end of August, so Clinical Trials can begin shortly thereafter. Check out the Videos and PPT Webinar on the Site! www .NaturalClinicalTrials .org

• New FDA and FTC regulations make your job harder than ever... Recent changes mean that your company MUST consider Clinic Tests, Studies and Trials:

• To demonstrate product safety
• To substantiate product claims
• To determine "typical results" for Testimonial Ads
• To meet batch testing requirements.
• These changes also mean you must not:
• Make claims you cannot substantiate
• Use Testimonials without disclosing "typical results"

• What can you do to tell your customers that your product is helpful, effective and important for them to use? Let us show you what we can do to help you with cost-effective clinical work...
Natural Solutions Wellness Center has established the Natural Clinical Trials Program - the NCT - to bring our special expertise to natural product clinical studies, tests and trials.

The NCT Program is headed by Dr. Rima E. Laibow MD, with the collaboration of Dr. Robert Goodman PhD, Ralph Fucetola JD, and the Natural Solutions Center Staff.


5. Vitamin Lawyer Connections…

Do you Skype? If so, free is one of the easiest ways to contact me, no matter where I may be. My Skype handle is: vitaminlawyer

Our new affiliation site: www .naturalhealthoptions .net
Do you have an affiliation program? We’d like to list it.
If you don’t have an affiliate program… I have Affiliate Program SOPs & Rules …
And good advice… for you.

“One on One with the Vitamin Lawyer” from Power Pictures Inc.
Trailer: www. youtube. com/watch?v=wWPvzpn0YgA
www. powerpicturesinc. net/store.html

Follow me on Twitter - www. twitter. com/healthfreedomus


Ralph Fucetola JD
www .NaturalHealthOptions .net
www .vitaminlawyer .com
http:// vitaminlawyerarchives.blogspot .com
http:// vitaminlawyerhealthfreedom.blogspot .com
www .globalhealthfreedom. org

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