Using a trademark that is also the title of a book???

[Elizasmom]

What is the name of your state? Virginia

Is it okay to name my children's clothing line "Olivia and Oink" when there is a popular children's book in print called "Olivia Oink" (there is no "and" in the book title)? Could the book author or publisher have any claim to make if I used this name?

Also, Is a name such as "Oliva and Oink" something that could potentially be trademarked? Thank you.

 

[divgradcurl]

What is the name of your state? Virginia

Is it okay to name my children's clothing line "Olivia and Oink" when there is a popular children's book in print called "Olivia Oink" (there is no "and" in the book title)? Could the book author or publisher have any claim to make if I used this name?

Also, Is a name such as "Oliva and Oink" something that could potentially be trademarked? Thank you.

Generally, yes, probably not, and yes.

 

[Elizasmom]

Huh? Are you saying the law is too murky, so better to avoid doing this?

 

[HomeGuru]

Generally, yes, probably not, and yes.

**A: in general I agree although it could be the opposite.

 

[divgradcurl]

Huh? Are you saying the law is too murky, so better to avoid doing this?

No, that's not what I said at all. You asked three questions, and I answered them:

Is it okay to name my children's clothing line "Olivia and Oink" when there is a popular children's book in print called "Olivia Oink"

Generally Yes.

Could the book author or publisher have any claim to make if I used this name?

Probably not.

Also, Is a name such as "Oliva and Oink" something that could potentially be trademarked?

Yes.

That's all I wrote. Nothing about the law being murky or anything.