Taco Hemingway’s song referencing Solpadeine sparks debate among inspectors and lawyers over artistic freedom versus trademark protection.
The Song and Its Subject
Polish rapper Taco Hemingway references being denied Solpadeine in his song “Zakochałem się pod apteką” (“Fell in Love Under the Pharmacy”). The lyrics depict a pharmacy refusal for the strong painkiller, drawing attention from both pharmaceutical inspectors and legal experts.
Solpadeine and Regulatory Concerns
Solpadeine is a potent analgesic containing paracetamol, caffeine, and codeine (an opioid metabolized into morphine). Its sale is strictly monitored due to its potential for misuse; pharmacists can refuse a sale if non-medical use is suspected.
Trademark vs. Artistic Freedom
While the song uses Solpadeine narratively, lawyers question where artistic freedom ends and trademark protection begins. Pharmaceutical product names are valuable trademarks, distinct from generic substance names like paracetamol. The key is whether the usage suggests commercial endorsement.
Trademark law typically doesn’t cover mere references in artistic works unless used as an identifier for goods. Legal experts assess if the lyric implies promotional intent or merely describes reality.
Industry and Regulatory Scrutiny
Pharmaceutical companies fear trademark dilution (where names become generic) or negative associations linked to substance misuse. Global pop culture frequently references brands (e.g., Drake with Xanax), often sparking debate over brand image.
Official Investigation
Poland’s Chief Pharmaceutical Inspectorate (GIF) is investigating whether the manufacturer consented to the song’s use. GIF head Łukasz Pietrzak stated they aim to determine if unauthorized advertising occurred, though GIF cannot penalize the artist. They also contacted the National Centre for Counteracting Addiction due to the opioid ingredient.
