QUESTION
Is there a case if the title of a book is some other product's trademark?
Asked on Oct 16th, 2013 on Entertainment Law - California
More details to this question:
I will be titling a book that is similar to a whiskey's trademark.
3 ANSWERS
3 Awards
This really can't be answered without actually looking at the proposed title, and comparing it. Anything that might give a consumer the idea that the whiskey is sponsoring or approving the book is likely to run the risk of receiving a cease-and-desist letter. However, whiskey companies do write nice cease-and-desist letters: see http://www.businessinsider.com/jack-daniels-wrote-what-has-to-be-the-nicest-cease-and-desist-order-of-all-time-2012-7.
Answered on Oct 17th, 2013 at 1:22 PM
This answer does not mean I am your lawyer. No attorney-client relationship exists. This response is for general information only.
If the purpose of the title is to cash in on the public recognition of the trademark, then your use of the mark would be illegal because you are attempting to mislead readers. However, if the title has nothing to do with the company, its products or services, its policies, employees, officers, directors, etc., you can use the trademarked word. Be aware that some trademarks are so connected with a particular company or product that it would be counterproductive to use them as a book title.
Answered on Oct 17th, 2013 at 7:46 AM
Susan Marie Basko
Your publisher should hire a good lawyer who knows publishing and trademarks. The lawyer will work closely with the publisher on this and many other issues and will advise accordingly. No real book is ever published without solid, complete legal help. The publisher will do due diligence and then acquire insurance based on having a good lawyer and following her advice.
Answered on Oct 17th, 2013 at 1:51 AM