Is this ok to do? [book title used elsewhere]

amlptj · Feb 25, 2012

So I'm not sure if this is where this goes. Just a simple question i was worried about. Just today looking up something I discovered the title of my book is actually a name of a band. Yes i understand titles are never set in stone or anything, but i was just really in love with this title. So my first question is. Is that ok? Two things that happen to have the same title?

EzzyAlpha · Feb 25, 2012

Given it's two different media it should be okay.

catian · Feb 25, 2012

I am sure it is fine.
It made think of certain words like mars.
ALthough it is Mars as we know it , it is also the name of brand for a chocolate bar.
Is it Ok to use Mars as a title to a book?
I migh start a poem called Mars.
It is not a clear cut nor it is a name that belongs to the company that makes Mars Bars because it is Mars as a planet first.

HoneyBadger · Feb 25, 2012

You could title a book "Mars," but it would be probably be unwise simply from a marketing standpoint. You could name a book "30 Seconds to Mars," which is also the name of a band, but again, you'd want the book to be so phenomenal that no one would ever conflate the two names and assume you've written a book about the band.

There's also just a general issue of Googleability. If your book is called "Mars," it's going to take a looooot of reviews and chatter to get you anywhere near the front page of Google.

Mr Flibble · Feb 25, 2012

Good point Honey. Confusion may well be a big issue. (I'm not sure on the legalities, so I'll go with that!)

How well known is the band? If it's Snow Patrol or the Red Hot Chillie Peppers or Metallica, you might have a problem. Less so if it's (and I promise this really was the name of a really obscure band)the Cheese Puff Death Squad, you might be all right.

ETA: Apparently:

The US Copyright site's FAQs say you cannot protect a band's name, and goes on to say "Copyright does not protect names, titles, slogans, or short phrases."

but you might want to check that.

Bufty · Feb 25, 2012

A band could protect its name by registering it as a trademark.

Jamesaritchie · Feb 25, 2012

Bufty said:
A band could protect its name by registering it as a trademark.

Usually, but trademark seldom prevents someone in a separate media from using the name in a different way.

Bufty · Feb 25, 2012

Yup. I only mentioned it because of the quote that excluded the protection under copyright.

Jamesaritchie said:
Usually, but trademark seldom prevents someone in a separate media from using the name in a different way.

dangerousbill · Feb 25, 2012

amlptj said:
Is that ok? Two things that happen to have the same title?

You're fine. Perhaps they named their band after your book.

Brigid Barry · Feb 25, 2012

All of the above, and in the end a publisher may decide to change the name of your novel for marketing purposes.

Buffysquirrel · Feb 25, 2012

I would seek to avoid it myself, but it's not my book. It is hard when all the good names seem to have been chosen.

blacbird · Feb 25, 2012

dangerousbill said:
You're fine. Perhaps they named their band after your book.

Which has, in fact, happened. Well-known bands named after portions of book titles or characters or concepts in well-known books include:

Uriah Heep
The Doors
Steely Dan
Toto

One of my faves was a midwest-centered and really good bluegrass band during the 1970s:

Phantom of the Opry

caw

amlptj · Feb 26, 2012

Thanks for the Info guys!

Yeah the name of the book, in which i plan to e-publish, is Unsung Zeros. I thought it was my own little clever play on the saying Unsung Heroes, but a small rock band came up with it first.

Silver-Midnight · Feb 26, 2012

I think you'll be fine.

Celia Cyanide · Feb 26, 2012

Mind if I ask what genre the book is, and what type of music the band is?

ETA: I like the title.

Quentin Nokov · Feb 26, 2012

Well, I never heard of the band and probably a lot of people have never heard of it either, so don't worry about.

benbradley · Feb 26, 2012

amlptj said:
So I'm not sure if this is where this goes. Just a simple question i was worried about. Just today looking up something I discovered the title of my book is actually a name of a band. Yes i understand titles are never set in stone or anything, but i was just really in love with this title. So my first question is. Is that ok? Two things that happen to have the same title?

Is the band so big its name is trademarked, such as Pink Floyd, The Beatles, Led Zeppelin, or The Rolling Stones? Probably not, as you would have already known about the band when you thought up the title.

Robert Heinlein named a book "The Rolling Stones" but that was a decade before the band's first hit song, so it wasn't a problem. I STILL see the book of that title on Amazon from a current publisher.

Jamesaritchie said:
Usually, but trademark seldom prevents someone in a separate media from using the name in a different way.

This is generally true, unless the trademark holder is a real Monster®[SUP]TM[/SUP]. But that's a really unusual case of a company attempting to extend its trademark protection to ANY commercial use of a generic word, which clearly goes beyond the letter and intent of trademark law (the company succeeded not because it had the legal right, but because it had intimidating attorneys).

TudorRose · Feb 26, 2012

Is it about a band, just out of interest? If it's about something completely unrelated I certainly don't see a problem.

On a side note... Jethro Tull. He was actually the inventor of a seed drill in the 18thC. Bizarre.

amlptj · Feb 26, 2012

Its a completely unrelated book. My book Unsung Zeros, is a YA/New adult Dark Thriller.

The Band Unsung Zeros, will here is there wiki page. There a small Rock band.

Fins Left · Feb 28, 2012

Some other "aggressive" trademark owners:

Kohlman Foundation claims the phrase "for the cure" and the color pink. Spends millions intimidating/litigating against smaller non-profits

McDonalds (fast food) notorious for litigating sound-alike companies (even in other trades).

IHOP (pancake house) successfully caused International House of Prayer (dominionist Christian group) to quit using IHOP as their name.

Fins Left · Feb 28, 2012

amlptj said:
Its a completely unrelated book. My book Unsung Zeros, is a YA/New adult Dark Thriller.

The Band Unsung Zeros, will here is there wiki page. There a small Rock band.

Since their wiki says they're back together, you should contact them, explain the situation and offer some sort of a hat-tip to them in the book. (like maybe a reference to one of their songs by the MC?)

They'd probably get a kick out of it and it could give your book more promotion if they mention it at their gigs.

Mark Moore · Feb 29, 2012

benbradley said:
This is generally true, unless the trademark holder is a real Monster®[SUP]TM[/SUP]. But that's a really unusual case of a company attempting to extend its trademark protection to ANY commercial use of a generic word, which clearly goes beyond the letter and intent of trademark law (the company succeeded not because it had the legal right, but because it had intimidating attorneys).

Archie Comics sued a guy over the registration of Veronica.com, even though he named it after his daughter. It ended up being redirected to ArchieComics.com.

They also sued an Australian Rock band named The Veronicas after they found out that the girls were inspired by Veronica Lodge. It was settled out of court, and a cross-promotion deal happened where The Veronicas appeared in Archie Comics stories, and the girls had to have a picture of Veronica Lodge put on their tour bus.

Stijn Hommes · Feb 29, 2012

It's probably okay, but still not a good idea. You don't want your readers to jump through hoops to get useful Google results when trying to find your book online...

Gordon · Feb 29, 2012

Bands do it; Steppenwolf was named after the Herman Hesse book. Why not the other way 'round?

LongWave · Feb 29, 2012

If they're a small band it is probably not a big deal. Are they in the same country as you?

I like your title, and regarding what HoneyBadger said, I think it could generate good results in a google search.

Is this ok to do? [book title used elsewhere]

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