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

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mulcahy67

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there are probably a crapload of bands out there that have the same name as books. there a bajillion books, and a bajillion bands, its bound to happen. but ive never heard of it being a problem.
 

LongWave

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there are probably a crapload of bands out there that have the same name as books. there a bajillion books, and a bajillion bands, its bound to happen. but ive never heard of it being a problem.

That's a cool name for a band: A Bajillion Books. Can I use that? :D
 

thenewbie

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I was curious if anyone ever got a sure answer about this? Last month, I had self-published a short story (a romance) and I've made less than $5 off of it. Anyhow I got an email today from some band I've never heard of telling me that they have the trademark for the name of my book and saying I have to reference their social media anytime I advertise this short story. Since it is a short story and I've made less than $5 off of it, I've decided to pull it off the only place I had it listed for sale. The story wasn't anything about a band, but I wonder about this myself.
 
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Blinkk

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I heard this story second hand and I've never done research on it but it goes like this: A band named themselves The Microsoft Somethingsomethings. The software company sued them and lost on the basis that they were two different industries.

Again, not sure if it's true. I know bands can get anal about their names. The vast majority of them only last an average of three years anyway.
 

thenewbie

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Blinkk

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That was a really good article. Thanks for sharing. I'm gonna highlight two paragraphs that should be dumped in this thread, so people who don't feel the need to go the link can still get something out of it:

Although Leah cites copyright law, which won’t apply, trademark law helps her out. Trademark rights may be used to prevent others from using a confusingly similar mark for the same or similar product or product category. When you file for a trademark, you’re required to choose a specific category of product/service for which you are seeking trademark protection. Your protection is limited to that category.

The classic example of the same trademark in different categories is Cadillac automobiles and Cadillac dog food. Nobody is going to confuse a can of dog food with an Escalade, so the dog food people can sell away.
 
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