Legal Question in Intellectual Property in New York
Book Title
I'm planning on writing a book called, ''Sovereign Health: a guide for taking back control of your health....'' (or something to that effect).
There is a web site called sovereign health that sells medical care-related items, and a medical company called Sovereign Health Care - both are based in the UK.
Should I be concerned about possible intellectual property/copyright/trademark infringement? Thanks for your help.
2 Answers from Attorneys
Re: Book Title
Trademark law is designed not for the trademark owner but for the poor consumer who seems to get very easily confused. The lawmakers don't want the consumer to suffer the least little bit of confusion as to the source of goods or services.
So, the question to ask is "Is it even remotely possible that someone somewhere could confuse the source of a book (the authors affiliation) with pre-existing entities based on a similarity of name?" Remember as you answer this question that the consumer is very easily confused.
Hope this helps.
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Re: Book Title
Titles cannot be copyrighted. (Here is the Copyright Office link www.copyright.gov/help/faq/faq-protect.html). A title of a series of books (like �� for Dummies�) that is marketed as a brand can be trademarked, so someone else who tries to release a book or movie with the same name may run into trouble.
It is common for movies/books to have different titles in different countries, and sometimes translations from one language to another are not �literal.� It is also common for unrelated movies to have the same name.