QUESTION
What can I do about another author using my pen name, which is my name?
Asked on Jan 30th, 2014 on Intellectual Property - Mississippi
More details to this question:
I published three books using my author name as K. A. Taylor, which is my maiden name. I recently discovered an author using K. A. Taylor, which does not stand for her actual name. She has published using her actual name, but now has published a book using K. A. Taylor. Is there anything I can do about this? I'm very upset. Also, this author lives in Thailand.
1 ANSWER
Intellectual Property Attorney serving Manchester, NH
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Hayes Soloway P.C.
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If you can show that this author is using your name to reach your customers and/or siphon your sales, you may have a case based on a tort with the Unfair Competition family of torts. If the person in Thailand just picked a name at random and it happened to be the name you use, you probably don't have a case (although doing more research may change my analysis). I don't think you would need explicit evidence that this person in Thailand is attempting, but you would want to look at the type of book or market in which they are selling to show that this other author is trying to pass themselves off as you.
Answered on Feb 05th, 2014 at 2:29 PM