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Possible book title - possible infringement

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Brightwater03

Junior Member
What is the name of your state (only U.S. law)? FLORIDA
Book Finished - proposed title: CHICKEN SOUP FOR DUMMIES - How I Managed NOT To Become Famous - cover does not contain trademarked logos.
 


quincy

Senior Member
What is the name of your state (only U.S. law)? FLORIDA
Book Finished - proposed title: CHICKEN SOUP FOR DUMMIES - How I Managed NOT To Become Famous - cover does not contain trademarked logos.
Well, in your single title you managed to pick two book series titles that I believe are trademarked (I will check*), which is not easy to do since titles on their own generally are not rights-protected. ;)

Is your book a parody of the "Chicken Soup for the Soul" books and the "For Dummies" books, or are you just combining the names because the public recognizes them?



*Yes, both book series titles are federally registered trademarks. Your title would, more than likely, attract the attention of an attorney or two.
 
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quincy

Senior Member
"For Dummies" is certainly trademarked. I suspect "Chicken Soup" is as well. Trademark parody exemption is sort of a gray area. Using the Trademark name within a parody isn't usually a problem, marketing something using the parodied mark as another mark certainly can cause problems. See section 10 of this article: http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm
Both the "For Dummies" books and the "Chicken Soup" books are federally registered trademarks.

I agree that parody can be a tricky defense, both in copyright law and in trademark law. Parodies, while ostensibly decided on objective factors, can in fact be more subjective. It is far easier to create a bad parody than a good parody - and bad parodies are more likely when money is the driving force behind the creation.

There will always be more legal risk when trying to use someone else's rights-protected in a commercial manner. Right-holders tend to be concerned when profit is being made by others off what is viewed (often legitimately) as the right-holders' efforts.
 
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fletcherrhoden

Junior Member
I can see where, if you were writing an article about these books, or the publishing industry, you could use it. I have to say, however, that the title doesn't seem that relevant to the subject matter. It would be hard to argue that the title is actually part of the First-Amendment-protected content of the book (presumably it's all original), and not just violating somebody's trademark. Having some experience in writing and publishing, I'd suggest, and I think any agent or publisher would agree, that you simply choose another title. Both the "chicken soup" and "For Dummies" tags aren't very timely anyway, so if your book is new, you should shoot for something fresher.
 

quincy

Senior Member
I can see where, if you were writing an article about these books, or the publishing industry, you could use it. I have to say, however, that the title doesn't seem that relevant to the subject matter. It would be hard to argue that the title is actually part of the First-Amendment-protected content of the book (presumably it's all original), and not just violating somebody's trademark. Having some experience in writing and publishing, I'd suggest, and I think any agent or publisher would agree, that you simply choose another title. Both the "chicken soup" and "For Dummies" tags aren't very timely anyway, so if your book is new, you should shoot for something fresher.
Unless someone is writing commentary, a journalistic account, or working on a parody (like "The Wind Done Gone" parody of "Gone With the Wind"),* it is almost always smartest to avoid borrowing any rights-protected material and to stick, instead, to your own creative and original material.

Always, but especially when using well-known works in a commercial venture, you run the very real risk of being sued over your use if you have not acquired permission in advance from the rights-holder.

I agree that choosing a new title would be smart, not from a "timeliness" standpoint (new titles in both book series are still being published regularly) but from a legal risk standpoint. A review of the manuscript by a publishing law professional is recommended prior to publication.

And as a note, fletcherrhoden, there is often no way to tell the content of a book from its title, and there is no way to tell if the content of the book is "First Amendment protected" until one has actually read and reviewed the content.




*Although eventually judged a parody in court, the publication of "The Wind Done Gone" resulted in a costly and lengthy infringement suit.
 
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Zigner

Senior Member, Non-Attorney
I'm getting the impression that this isn't the first time we've met the person behind the fletcherrhoden screen name.
 

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