Legal Question in Intellectual Property in California

Copyright Trademark.

With trademark law, the purpose is to prevent consumers from accidentallybuying your book when they intended to get the other guy's book (e.g.,because of a recommendation, a good reputation, advertising of the otherguy's book, etc. There seems a decent likelihood of confusion and you ought not let it fester.

Can you just change the name of your book? Can you at least say on your cover, "not related to the series BLAH BLAH published by XXXXX)" ?That, to me, would seem to be sufficient. But keep in mind, people oftensue without sufficient grounds and if you find them agressive, it's often best to back away since noone needs a fight.

Have you already screwed up badly, and irreperably? I seriously doubt it.The prior user of the trademark may not have even seen your book, you obviouslydidn't see his, he might be out of print or out of business, etc., etc., you never know.

Another strategy is to ignore this (but keep it to yourself, or confide in your lawyer,until someone representing the other party complains to you; then deal with it graciouslyif you can, but in the meantime ignore it, possibly forever.

BUT ... see a local attorney for even better advice than what I've given you!!

your book?

trademark - copyright

I am not sure that I understand your question. Trademarks and copyrights are two very distinct types of intellectual property. It does not automatically follow that because someone has a trademark on GOODS or SERVICES that you can not use the name as a title of a book (copyright). It really depends on the facts. Example, just because PAMPERS is a trademark for diapers does not mean you can not write a book using the word in the title. It depends on the circumstances and you really need to go in to much more detail -- what is the trademark, what is it used on, what is your book, what is it about.Is it about the goods covered by the trademark? This area of the law is very very fact specific. Sorry I can not give you more help on-line, but that would be rendering legal advice and I only can do that for clients.If you do not have a trademark lawyer, please go to our firm's home page as that is all we do.Joe Dreitlerhttp:www.ustrademarklawyer.com