Legal Question in Intellectual Property in California

Using trademarked word in book title

I want to write a book ''Soft Drink History: How Coca Cola changed the US soft drink industry.'' What issues might I have since CC is a trademark?


Asked on 11/22/07, 2:53 pm

2 Answers from Attorneys

Gordon Firemark Law Offices of Gordon P. Firemark

Re: Using trademarked word in book title

This sounds like a "nominative use" but companies like Coca Cola have lately been getting alot of traction with claims of "dilution".

If you're self-publishing, you'll want to get some research done, and an opinion letter from a lawyer before proceeding... if only for peace of mind.

If you're working with a major publisher, they'll have legal staff to worry about this kind of thing.

For now, go ahead and write the book. The title can always be adjusted later if needs be.

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Answered on 11/24/07, 1:43 pm
Alden Knisbacher knisbacher law offices

Re: Using trademarked word in book title

This is called nominative use & you can read more about that here: http://en.wikipedia.org/wiki/Nominative_use

I'd be more concerned about publicizing your idea before you write the book -- because someone might steal it. Good luck.

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Answered on 11/22/07, 3:07 pm


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