Re: title protection?

On Thu, 18 May 2000, Robert Cumbow <rcumbow[_at_]grahamdunn.com> wrote:
>
> On Wed, May 17, 2000, Eric Eldred <eldred[_at_]eldritchpress.org> wrote:
> >
> > Yes, it's normal now for corporations to trademark book titles.
> > Now, what happens when they go out of copyright term? Can
> > another company reprint the work without infringing on the
> > trademark? I wish I could see that clearly.
> >
> > Also, IDG as noted in my first postings is aggressively pursuing
> > trademark infringement cases against non-commercial publishers
> > such as web pages, not permitted by trademark law, as if it were
> > copyright infringement, which does not see the distinction.
> >
> > That's all my point, and its relevance to this mailing list.
>
> Still not right. You emphatically CANNOT "trademark" a book title.
> You CAN register a trademark that is used to identify a SERIES of
> books. That trademark may or may not appear in the titles of the
> books, but it must appear on ALL of the books -- it cannot be the
> title of a single work.

Robert makes an important distinction here; it is the "serial" nature that provides the platform for the suggested trademark. Well said.

Regards,
Marty

Marty Hayes
<9ball[_at_]hostsite.net> Received on Fri May 19 2000 - 15:18:21 GMT