Legal Question in Intellectual Property in Massachusetts

I'm interested in writing a "how to" ebook. My reservation is that the book will be a how to guide about how to get involved in a lifestyle group, but the group name is trademarked. Would I be able to use the group name legally?

An example would be - I want to write an ebook titled "How to transition from a Vegan diet to the Atkins diet"..... and Atkins is a trademarked name. Am I allowed to refer to it in the title of the ebook? This is just an example

Thanks

Mike


Asked on 12/08/11, 7:55 pm

1 Answer from Attorneys

That is a good question with no clear answer that I can see. In general, trademark rights are given to businesses to help distinguish their goods from others. It is also a way to maintain the goodwill they have with their customers. Consumers use trademarks to know the source of the goods and to know the quality of the goods. In this particular case, the lifestyle group looks like it has a collective membership mark. And they probably want to limit its use to approved activities and members.

What you're doing is writing a book that must (presumably) use the name of the trademark in the title. That is the purpose of the book, so that people may know how to get involved with that particular lifestyle group. I can't see another way to phrase the title. It would appear to me that the use is considered fair use under trademark law. You are not a business that is competing with their "business". I don't see how you are trying to latch onto their name for your own benefit. There does not seem to be any fear of consumer confusion or dilution of their trademark. From what you stated the use seems ok.

However, be careful to not give the impression that you are trying to profit off their name or write it in a way that would give the impression that you are associated with the group. And be careful not to give the impression the group is endorsing the book.

Jason

http://jlaufirm.com

http://jasonlauip.blogspot.com

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Answered on 12/20/11, 8:36 pm


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