Q: I'm writing a drinking game booklet and using the title of a show for the title of a game is that copyright infringement
It is a booklet of of preset drinking games of tv shows, movies or movie/tv show genres and I was wondering if I use a tv show for the title of one of the games is it copyright infringement? For example I have a Flavor of Love show drinking game. Can I use that title?
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A: Using the title of a TV show or movie in the title of a drinking game may potentially expose you to legal risk. Titles themselves aren't generally copyrighted, but they might be trademarked, especially if they're part of a well-known series or franchise. If a title is trademarked, using it in a way that could cause confusion about the source or endorsement of your product can lead to infringement claims. In your example, if consumers might think your "Flavor of Love" drinking game is officially associated with or endorsed by the producers of the "Flavor of Love" show, there's a risk. You should also be cautious about implying official association or endorsement. It's advisable to conduct a thorough trademark search and consider adding a disclaimer noting that your game is unofficial and not associated with or endorsed by the TV show's creators or producers. If in doubt, consult with legal counsel familiar with intellectual property law.
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