Book title issue

[Luminus]

What is the name of your state (only U.S. law)? New York

Hi. There's a term called Pink Lemonade that seems to have a trademark. However, I've seen this term used on several products, including movies and books that are not related. Is it a trademark issue for me to use this for a book title?

Thanks

 

[quincy]

What is the name of your state (only U.S. law)? New York

Hi. There's a term called Pink Lemonade that seems to have a trademark. However, I've seen this term used on several products, including movies and books that are not related. Is it a trademark issue for me to use this for a book title?

Thanks

Will it be a trademark issue? Probably not. It can depend, though, on what your book is about and how the Pink Lemonade title is presented on the cover (among other factors).

You could review the facts of your proposed use with an IP attorney in your area if you have concerns. If your book will be published through a traditional publishing house (and you are not, instead, self-publishing), the title should be screened by the publisher for liability issues prior to publication.

 

[Luminus]

It's going to be self-published and the title is coupled with a character's name. I just found a link for an IP attorney. Thanks!

 

[quincy]

It's going to be self-published and the title is coupled with a character's name. I just found a link for an IP attorney. Thanks!

You're welcome, Luminus. I am glad you will be consulting with a trademark attorney in your area.

As additional advice, since you will be self-publishing, it can be smart to (and I advise that you) have your manuscript reviewed by a publishing law professional prior to publication, to ensure as much as is possible that your book avoids any other legal issues with its content. Having liability insurance enough to cover any lawsuit that might arise, despite your best efforts to protect from legal actions, can also be important.

Good luck with your book.

 

[Luminus]

Thanks, again.

 

[quincy]

You're welcome. Thank you for the thanks. I wish you success with your book.