Exactly. Whether using the trademark in this case would run afoul of trademark laws is debatable but given how expensive lawyers are producers err on the side of caution.
I think it's pretty clearly weeeeeeeell outside the scope of you use a simple statement about what mic is used to capture the IR (certainly doesn't seem any worse than "based on" language) and for those that want to be very careful, include only the name of the mic, not the brand - 121, SM7, etc., No Shure, Royer, AKG, etc.
You can, OTOH, disclose all the equipment you used to make and process a recording, and it doesn't matter whether or not that disclosure is made in "marketing material," it's a simple fact. Do you really think it's against the law to name the model of spectrum analyzer you use to acquire IRs or impedance data?
As far back as the 1970s, I've purchased records (and later, CDs) that listed the equipment that was used to make them, including specific models of microphones. Liner notes qualify as "marketing material," and I'll wager nobody ever got sued over those disclosures.
While I agree with the gist of what you are saying here 10000%, it is also important to note that "I was using the mark to describe what I used to make an IR!" Isn't a blanket defense. If you do that in a way that starts to make it seem like you are creating a product that has the stamp of approval of the mark-holder, you could still run into trouble. Though you can do that with "inspired by" "based on", etc., just as easily as you can "captured using" language.
Based on tomatoes and garlicHaha! She'd rise from the dead and kill me.
It's really a lot of work for a modern person (me!), to be honest.
The biggest secret is 3 meats. Veal, Pork, and Beef. And she would hand grind the meat herself with
one of these. In late Summer she'd also use it to make the Sauce with fresh Tomatoes from the Garden.
They had a Farm when I was a child, so damn near everything was sourced from that, and that's hard
to replicate---hence the "based on" comment. All the Meat was from their Farm, as well as the Eggs,
and the Breadcrumbs were from Homemade Bread she would let harden and go a bit stale.
I was fortunate enough to inherit the Hand Grinder from her via my Mom. It works and I still use it.
Letting the Sauce simmer for nearly the whole day and cooking the Meatballs in that Sauce on low
heat is essential.
I wish I would have paid attention a lot more than I did. I am sure there are secrets I missed.
Haha! She'd rise from the dead and kill me.
It's really a lot of work for a modern person (me!), to be honest.
The biggest secret is 3 meats. Veal, Pork, and Beef. And she would hand grind the meat herself with
one of these. In late Summer she'd also use it to make the Sauce with fresh Tomatoes from the Garden.
They had a Farm when I was a child, so damn near everything was sourced from that, and that's hard
to replicate---hence the "based on" comment. All the Meat was from their Farm, as well as the Eggs,
and the Breadcrumbs were from Homemade Bread she would let harden and go a bit stale.
I was fortunate enough to inherit the Hand Grinder from her via my Mom. It works and I still use it.
Letting the Sauce simmer for nearly the whole day and cooking the Meatballs in that Sauce on low
heat is essential.
I wish I would have paid attention a lot more than I did. I am sure there are secrets I missed.
Using a manufacturer's designated and publicly-disclosed part number to identify that part in a list of equipment used to capture IRs is pretty much a blanket defense. I'm not trying to sell you a microphone, and I'm not implying that the mic's manufacturer endorses my product, I'm simply identifying the mic I used. If the mic is a commercially-available product I purchased, rented, or borrowed, there's no legal constraint that prohibits me from publishing that information. In the past, I've gotten some pretty anal-retentive advice from risk-averse attorneys, but none of them ever went this far.
Of course. The above list could not possibly be construed as doing that, however.
You gave an actual fact pattern. I agree with your assertions regarding this fact pattern. None of that changes the validity of what I wrote above, however.
I don't think this is authorizedThere seems to be some kind of debate going on in the background of this thread, but all I can think of is
False advertising?
A good standup show, though......Yup. As a general rule, anyone who laughs too hard at their own material is an awful comedian!
Yeah. You, too, Bert Kreischer!!
Power tools FTW …It's not that hard.... especially when your other hand is the only thing turning the grinder
and making it .... uhmmmm.... grind.
Mechanical grinders? Different story.
