Q: I'm writing a book, and want to title it Damsel in Defense. How can I find out if this term is trademarked?
I am self publishing through Kindle Direct, and do not want to break any copyright laws. I have heard of a company called Damsel in Defense, but wasn't sure if I could still use the terminology for my title.
A: Copyright and trademarks are two different types of intellectual property protection vehicles. Copyrights cover the text (and any images) of the book, while trademarks cover the title and some brand-related images/designs. Here is the link to the USPTO for a trademark search: https://www.uspto.gov/trademark . There is no copyright search engine available, but the biggest test is did you independently create all the images and text of the book (note photoshoping or paraphrasing may not qualify as "unique")? If the answer is yes, then you will likely not have a copyright issue. Another side note, trademarks can also be independently filed in all 50 states (which is separate than the federal trademark registry). Finally, trademark protection covers ONLY the name with the associated goods or services (except for famous trademarks). In other words, even if you find a company with the trademark name, it is likely NOT infringement unless the company also publishes books (i.e. creating brand confusion). If all this seems rather complicated and you feel lost, you may want to consider contacting an intellectual property (copyrights/trademarks) lawyer. This is not required. Best of luck with your publication.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
