QUESTION

Could I get sued by using a product name in the title of a book that I write and self-publish?

Asked on Sep 09th, 2013 on Intellectual Property - Pennsylvania
More details to this question:
I am considering writing a book which would be targeted / marketed toward people who own or are looking to purchase a popular product. Could I be sued by the manufacturer if I use the product name in the title of my book? For example: if the book were named "10 Ways To Cook with a GE microwave". Would there be legal ramifications to using GE's name in the title without getting GE's permission? Thanks
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1 ANSWER

Intellectual Property Attorney serving Manchester, NH at Hayes Soloway P.C.
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You could be sued for trademark infringement. GE (in your hypothetical example) could allege that the title of the book is going to lead consumers to believe that the book comes from GE and you are generating sales from that confusion. Even if it is a case that GE loses at trial (and I'm not saying they would lose based on the limited facts offered), the cost to have that fight likely exceeds the profit you would generate from the book. If even a legal victory is a financial loss, I would discourage the activity. You have not identified the manufacturer in question, which is fine. I would suggest looking around and seeing if others have been able to publish comparable books unlicensed. If you see they have, perhaps the company is not as aggressive as some, in which case you could give the book a shot, with the plan to quit if you receive a cease and desist letter.
Answered on Sep 16th, 2013 at 11:55 AM

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