Trademark fair use in book titles

So, the first to affix or display the tm to goods or services, or files an intent to use application with the united states patent and trademark office has the right to use of the trademark. How to copyright a series of books creative law center. So the ttab is saying that title is a synonym for name, which isnt very helpful. Apr 11, 2016 titles can meet that test, but often they do not. You may be able to trademark a book title or series title a trademark is more difficult to get than a, but you might be able to trademark a book is the u. As long as the use of a song title or any other title is referenced for a purpose other than as a mark, and is used in a descriptive sense and in good faith, the reference does not violate trademark law. Under the fair use doctrine a trademark may be used without permission for commentary or criticism as long as the purpose of the use is not the same purpose of the trademark e.

The book is facutal and does relate to the theme of the movie in sense of topic only. I want to use a quote from amovie for my book only 4words the film is a global success. I was recently in the process of writing a book and i wanted to use a title that i know has. As a reference a second type of fair use is when you use a trademark as a specific reference to the owner of the mark, or their goods or services.

In the united states, trademark law includes a fair use defense, sometimes called trademark fair use to distinguish it from the betterknown fair use doctrine in. Is it legal to use the title of a book not by me in my. Only the way the title looks can be protected as a mark, such as the way the font, design and colors combine to make it recognizable as the title of a particular book. As an example, my book is basically something like, how to write the simpsons my question is, can i legally use this trademark the simpsons in my book title. May 05, 2015 to obtain a trademark in the united states you dont have to federally register for one. This doctrine includes informational, editorial, and comparative purposes. Descriptive fair use of a trademark involves using the trademarked word or phrase in an ordinary, descriptive manner to describe a product or service. Titles of books, songs, movies and other able works seem like they. A use is classic fair use where defendant has used the plaintiffs mark only to describe the defendants own product. Fair use of trademarks is more limited than that which exists in the context of. Names, titles, and other short phrases do not meet these requirements. You cant trademark your book title, except when you can. Unlike series titles, however, the title of a single work generally is not protectable under u. According to the courts this kind of use is considered fair.

When trademark infringement isnt infringement fair use defense. In another example, fox news trademarked the term fair and balanced in 1998. Many trademarks are adapted from words or symbols that are common to the culture, as apple, inc. Using a descriptive mark in an ordinary, descriptive manner to describe a product. Selecting and protecting the title of your book how to use. For example, if you write one, individual book called i love trademarks, then you will not be able to trademark this title. Fair use is a defense to a claim of trademark infringement. Oct, 2014 under 1125c3aii any use of a trademark is protected against a dilution claim if it is identifying and parodying, criticizing, or commenting upon the famous mark owner or the goods or. Heres why you cant a book title, but why you can probably trademark that title.

Only the way the title looks can be protected as a mark, such as the way the font, design and colors combine to make it recognizable as the. Because zamboni would likely think your use of the trademark constitutes infringement. A comprehensive analysis of the legality of using of movie titles, song titles and lyrics on products such as tshirts, bumper stickers and other goods and services. Also the quote could be said by anyone although it is made famous by movie. Books titles unregistrable as trademarks in canada. But, place the trademark on the book cover in hopes of boosting sales by implying the zamboni company endorsed your book, then you better check your mailbox for a ceaseanddesist letter. The arrangement of words in a book title cannot be trademarked. The three trademark issues that most frequently arise in publishing are. Trademark rights protect the logos, symbols and textual representations that uniquely identify goods in commerce.

Every use of a song title or lyric is unique and has its own special circumstances such as whether a or trademark has been filed, the manner of use, the context of the use and more. Recently, a romance writer managed to obtain a trademark registration for the word cocky in connection with a series of romance books, effectively giving herself a monopoly over a term that is common in the genre. If not in the title, what about in my book s pages. David koehser attorney at law 6122044567 trademarks and. Lets meet copyrights half sister the book designer. Intellectual property, article in the context of trademarks, fair use is the term given to the use of someone elses trademark in a way that will not subject the user to liability for infringing the owners rights. Title of a single work refusal and how to overcome this. Folks, you can properly use use trademarks in book titles, just like the for dummies series uses literally hundreds of trademarks in its book titles. It can also create opportunities for multiple passive income streams from licensing the sale of bookrelated merchandise and paraphernalia. Books titles unregistrable as trademarks in canada january 15, 2010 by jeffrey vicq in a decision that could significantly impact rightsholders in the media and entertainment industries, the federal court has suggested that book titles are, prima facie, not properly registrable as trademarks in canada. How to use brands and products in film rodriques law. The law is clear that you cannot trademark individual book titles, but a title. Conclusion trademark law in part is designed to protect the consumer from being confused about source and origin.

Nominative fair use generally is permissible as long as 1 the product or service in question is not readily identifiable without use of the trademark, 2 only so much of the mark as is reasonably necessary to identify the product or service is used and 3 use of the mark does not suggest sponsorship or endorsement by the trademark owner. This uncertainty is regrettable, since, under many conditions, fair use allows you to copy, display and publish ed works without payment or permission. But for a book that claims to tell you how handle in all media, it is sorely lacking. But the pto will register as a trademark a designation for a series of. Oct 23, 20 a common point of confusion about the different purposes of trademark and law occurs in the context of titles. Using a trademarked name in a book title using a trademark in the title of a howto guide for the use of a software product or computer hardware would normally fall under nominative fair use the use of somebody elses mark to refer to the actual product or service that is associated with the mark. Recently, a romance writer managed to obtain a trademark registration for the word cocky in connection with a series of romance books, effectively giving herself a monopoly over a.

Using the trademarks of others digital media law project. A basic guide to fair use of trademarks business 2 community. While the trademark is part of the book title, its also the name of the book series. The issue here is that the book is really focused on one show, not one genre, or even subgenre.

Here, the trademark is used only to describe the thing rather than to identify its source, and does not imply sponsorship or endorsement. U nfortunately, many creative projects are stillborn or abandoned, because the author, or the authors producer or publisher partner, was intimidated by the subject of fair use. Find out what trade marks are and whats involved in the application and management process. How to use trademark law to create multiple passive income streams. Fair use of trademarks intended for a nonlegal audience. Copyright and trademark protections for song titles and lyrics. However, you can trademark a book title if you write a series of books using that title.

May 25, 2018 the law is clear that you cannot trademark individual book titles, but a title for a series of books can be trademarked since it serves the role of a brand. Just using the tm mark on your title implements the trademark. Using a trademarked nam e in a book title using a trademark in the title of a howto guide for the use of a software product or computer hardware would normally fall under nominative fair use the use of somebody elses mark to refer to the actual product or service that is associated with the mark. Of course, even where a title is subject to, fair use carves out some room to use it. At the point that your book title becomes a brand, it operates as the identifier of the source of all of the fabulous goods and services you offer under that brandconsulting, appearances, blogging, etc. A viable option is to register a trademark corresponding to the book title, provided that all the. Registering your trademark in that brand name will make sure that other people cant also use it as a brand name although they could also use it as a book title and reap the rewards of. To prevail on a classic fair use defense, a defendant must show. Davd147 may be well intentioned, but he is not an attorney and does not know what he is talking about. Your use might be parody or fair use, but run it past an intellectual property attorney before. Trademark owners should be familiar with the concept of fair use so that they can better evaluate when a third partys use of their trademark is fair. Use of our trademarks for commercial purposes, without our prior written consent, may constitute trademark infringement and unfair competition in violation of federal and state laws. If you want to distinguish your goods, services or both from those of another business, you may need a trade mark. In the creative section, there was a few vague paragraphs about fair use, but not a deep explanation.

Social media how blog, twitter or facebook posts can affect your employment. If you are writing a book, learning about s is vital. Another reason trademark law generally refuses to acknowledge trademark rights in the title to a single creative work, such as a book, results from the interplay between and trademark law. The only way to be sure of the legality of your use of a song title or lyric would be to have a legal consultation with an experienced trademark lawyer. Noncommercial like identical in paragraph 4ai has a defined meaning. Is it legal to use the title of a book not by me in my book. Book titles arent significant enough intellectual property to be subject to, simply mentioning the title isnt an infringement. As long as the use of a song title or any other title is referenced for a purpose other than as a mark, and is used in a descriptive sense and in good faith, the reference does not violate. A great title can contribute tremendously to a books success. A great title can contribute tremendously to a book s success. It can also create opportunities for multiple passive income streams from licensing the sale of book related merchandise and paraphernalia. Fair use of trademarks descriptive use under the traditional or classic form of fair use in u. In the example above, the name i love trademarks could be trademarked if you wrote more than one book with that title, since it would no longer be considered a single creative work.

One of the most common questions about trademarks i answer on a daily basis is if one can trademark a book title or not. Stock images and fair use copyright for book and ebooks avoiding publishing hazards in a selfpublishing world amazon kindle singles. It also protects the use of your own name in connection with your business or other activities. Registering your trademark in that brand name will make sure that other people cant also use it as a brand name although they could also. The book will not use anything else from the movie. May 30, 2019 you may be able to trademark a book title or series title a trademark is more difficult to get than a, but you might be able to trademark a book is the u. Patent and trademark office thinks the duplication of titles would be confusing or would dilute someones brand. Archimate, it4it, open fair or togaf training without a commercial license, claiming or implying the. Further, further issues for a case involving the use of short phrases under the fair use provisions of the law. The good news is that you can register a trademark for a book series. Sep 15, 2012 therefore, it is important to consider if a use is fair under both trademark and laws.

The law is clear that you cannot trademark individual book titles, but a title for a series of books can be trademarked since it serves the role of a brand. I wanted to learn more about derivative works, and fair use as they applied to visual media including drawing and video. Is there a fair use provision for a certain limited amount of text. For example, it is not trademark infringement to refer to a printer produced by casio as a casio printer. It is wellestablished that the title of a single work, such as a book, is not considered a trademark, and therefore is unregistrablein essence, the title of a work is treated as the name of the work, and therefore as describing the work.