Book Title Question

[johnfisher9980]

I am working on a book title and had a question. If a book has a similar title to another book already published, would there any exposure?

For example, if my book was titled "Bakin' with Jimmy" and the published book is "Bakin' with Arseneo" (for example), could there be potential issues? Both books would be recipe books on how to bake different recipes, but the published book would be by a celebrity and my book would be written by a fictional character named Jimmy (someone dressed in a costume not similar to the celebrity). The main characters would not be similar with the exception that both books would be somewhat "humorous" and not taken too seriously. Any light on the issue would be helpful.

Thanks a lot

 

[quincy]

I am working on a book title and had a question. If a book has a similar title to another book already published, would there any exposure?

For example, if my book was titled "Bakin' with Jimmy" and the published book is "Bakin' with Arseneo" (for example), could there be potential issues? Both books would be recipe books on how to bake different recipes, but the published book would be by a celebrity and my book would be written by a fictional character named Jimmy (someone dressed in a costume not similar to the celebrity). The main characters would not be similar with the exception that both books would be somewhat "humorous" and not taken too seriously. Any light on the issue would be helpful.

Thanks a lot

What is the name of your state, johnfisher9980, or, if not in the US, what is the name of your country?

Titles are not eligible for copyright protection and only rarely will titles be protectable under trademark laws. Ideas are not protectable under copyright or trademark laws but on occasion can be protected by confidentiality/non-disclosure agreements.

What is protected under copyright laws would be the expressions of an idea. What is protected under trademark laws are names, logos, slogans, that are used to identify a product or service.

 

[johnfisher9980]

Thanks

Kansas. I guess my biggest concern is the use of the slogan "Bakin' with" or "Eatin' with" or "Mixin' with" (havent pinned it down yet) if they've already been used in published books. Or is that even considered a slogan?

 

[quincy]

Kansas. I guess my biggest concern is the use of the slogan "Bakin' with" or "Eatin' with" or "Mixin' with" (havent pinned it down yet) if they've already been used in published books. Or is that even considered a slogan?

Unless the book is part of a series of books and the name of the series is registered as a trademark (like Harry Potter) or unless the book has acquired a secondary meaning in the marketplace (that is, consumers connect the title of the book with a specific literary product, like "To Kill a Mockingbird"), there is generally no problem from an IP standpoint in having a book published that uses the same or similar title to one already on the market.

There are good reasons NOT to choose a title that too closely resembles the title of another book, however. One reason is that you want your book to stand out from all others so your title should be unique to reflect its unique content. Another reason is that there is no telling what another author might find objectionable. You don't want to tempt fate by picking a name that could confuse consumers into thinking your book is the product of another author and have that author sue you based on this confusion.

You essentially have a handful of legal areas where you can have legal issues as an author. These areas are copyright, trademark, privacy/publicity rights, and defamation. You need to avoid copying the original and creative works of others; you need to avoid infringing on trademark rights; you need to avoid content that invades the privacy of an identified or identifiable individual; you need to avoid using another's persona in a commercial manner without authorization; and you need to avoid content that harms the reputation of an identified or identifiable individual or entity by implying or stating falsehoods about that individual or entity.

It is always smart to have any manuscript (including title choice) reviewed by a publishing law professional prior to publication, for work on eliminating as much as possible any risk of a lawsuit arising from your work.

Good luck.