Trademark infringement?

Kirk T

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Hypothetical, would using a title such as, "Around the Corners" infringe on an existing trademark on, "Around the Corner"? I checked out the trademark site without gaining any traction. Let's say the later of the two is a television show, and I would like to use the first as a title.
 

CAWriter

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In general, the term alone wouldn't constitute trademark infringement. If it is a rather generic term (not something specifically coined), the term can be used in other, non-competing arenas. Trouble might arise if the book is actually a take-off of the TV show in some way, or if the cover is designed in such a way to imply there's a connection, etc.

That's a very basic answer and of course, isn't official legal advice of any sort. Take it with a grain of salt and another look at your manuscript to see if there isn't another term that represents your book as well (or better) without the potential for confusion or liability.
 

kellion92

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Titles can't be copyrighted. That's why there are tons of books, series, and movies with the same name. I wouldn't worry about it too much. Those two titles mean different things to me anyway, and your publisher will change it if there is any potential problem.
 
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shaldna

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As said before, titles cannot be trademarked or copyrighted UNLESS they are a brand (such as 'harry potter and the...' etc).

Titles such as the one you suggested are fine. and bear in mind that a phrase such as that, which is a common term used in normal language is fine. After all, you coudn't copyright the phrase 'good morning'
 

Terie

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As above, but also...there being a TV show with a name doesn't necessarily mean the name has been trademarked. Trademark differs from copyright that way. Copyright exists from the moment text is written down; to get a trademark, they have to actually go through a process to be granted the trademark. I can't say for sure, as a non-TV watcher, but I somehow doubt that most studios go to the trouble of trademarking many show names.
 

Torgo

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I get multiple hits on Amazon for books entitled "Around the Corner" and "Just Around the Corner", so I don't think it's been a problem for anyone else.