Legal Question in Intellectual Property in Colorado

Using the name of a website in a book title

Hello.

I have written a book that includes content that is relevant to a very prominent website. I have contacted the website's CEO, who told me that I'd have to send them my manuscript for their approval in order to use their name (and screenshots from the website). I'd really like to reference them in both the title and the text of the book, but I'm unsure as to whether or not they'll approve of my book. If I had to bet, I'd say they'd turn me down.

Is this proper? Do I need their approval? For example, if the book was about eBay (which it is not), and I wanted the title to be ''Exploring eBay: The New Online Marketplace'', would I need their approval?

If I was to use the name ''eBay'' in the introduction and subsequent chapters of the book, would I need their approval?

Would it be illegal for me to include screenshots from their website without their approval?

Thanks in advance for any advice you can give. I'm very confused.


Asked on 10/17/07, 3:11 pm

2 Answers from Attorneys
Johm Smith tom's

Re: Using the name of a website in a book title

I agree with Ms. Delain; this site is good for quick answers to easy questions and for helping people who can't afford an attorney for basic issues. But you're in the business world and in that environment you would be most unwise to not consult with an attorney. We can provide a formal position letter or general consulting on this topic. Feel free to contact me for either.

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Answered on 10/18/07, 6:04 am
Nancy Delain Delain Law Office, PLLC

Re: Using the name of a website in a book title

Copyright attaches to any original work of authorship when that work is first placed into a tangible medium (a website is a "tangible medium").

Trademark law may attach to the use of the business name of another.

That said, it may be that your use would fall under the "fair use" exception to the copyright bundle of rights.

You need to hire an attorney, talk with your attorney about the specifics (including the actual business name of the website and specifically what information you are taking from the site) of your matter, and follow your attorney's advice. This question is more than can be dealt with on a general basis, since this sort of thing is very, very fact-dependent.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 10/17/07, 3:23 pm


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