Q: Does It infringe to use the word "dummies" - internationally recognised - but preceded by other languages' preposition?

A: The use of "pour dummies" in a book title could indeed risk infringing on the "For Dummies" trademark, which is owned by John Wiley & Sons, Inc. This trademark is protected in many countries, not just in English-speaking ones.

The key factors to consider are:

1. Likelihood of confusion: Even with a different language preposition, "pour dummies" could still be confusingly similar to the original trademark.

2. Trademark dilution: Using a variation of a famous mark like "For Dummies" might be considered dilution of the brand, which is also protected under many trademark laws.

3. Fair use: There might be an argument for fair use if the term is being used descriptively rather than as a trademark, but this is a complex legal area.

4. International variations: Trademark protection can vary by country, so what's permissible in one jurisdiction might not be in another.

5. Generic terms: While "dummies" has become somewhat genericized, the full phrase "For Dummies" is still protected as a trademark in many contexts.

It's important to note that even if you're not trying to emulate their product, intention is not always the determining factor in trademark infringement cases.

For your specific example, "Comment vivre la vie, pour dummies" would likely be considered too close to the original trademark and could potentially infringe.

To avoid potential legal issues, it would be advisable to use a completely different phrase that conveys the same meaning without using "dummies" or any close variations. As the other attorney correctly suggested, you might consider phrases like "pour les débutants" (for beginners) or "guide simplifié" (simplified guide).

As always, for definitive advice on your specific situation, consulting with a local intellectual property attorney is recommended.

A: Using "for Dummies" with Foreign Prepositions

The phrase "for Dummies" is a registered trademark owned by John Wiley & Sons, Inc., and is widely recognized for its series of instructional books. Using this phrase, even with a foreign preposition, could potentially lead to trademark infringement issues, especially if it creates consumer confusion or implies an association with the "For Dummies" brand.

Trademark Considerations

Trademark Protection: The "For Dummies" trademark is protected under U.S. law and likely in other jurisdictions where the brand operates. This protection extends to variations that could cause confusion among consumers.

Consumer Confusion: The primary concern in trademark law is whether the use of a similar mark would likely cause confusion among consumers. Using "pour dummies" in French could be seen as an attempt to capitalize on the established brand, potentially misleading consumers into thinking there is an association with the "For Dummies" series.

Parody and Fair Use: While parody can sometimes be a defense against trademark infringement, it must be clear that the use is a parody and not an attempt to compete with or dilute the original brand. In this case, simply using a foreign preposition may not be sufficient to establish a parody defense.

Legal and Practical Steps

Avoid Direct Use: To avoid potential legal issues, it is advisable not to use "for Dummies" or its direct translations in any language, especially in a way that could be seen as related to instructional or educational content.

Create a Distinct Brand: Develop a unique and distinct brand name that conveys the same concepts without infringing on the "For Dummies" trademark. Consider using synonyms or entirely different phrases that do not evoke the same brand recognition.

Consult Legal Advice: Before proceeding, consult with a trademark attorney to ensure that your proposed use does not infringe on existing trademarks and to explore alternative branding options.

Conclusion

Using "pour dummies" or similar variations in other languages for a book title could likely infringe on the "For Dummies" trademark, especially if it creates consumer confusion. To avoid legal complications, it is best to develop a distinct and original brand name that conveys your intended message without infringing on the established trademark. Consulting with a trademark attorney can provide further guidance and help ensure compliance with intellectual property laws.

A: Using the phrase "pour dummies" in a book title could potentially infringe on the trademarked "for dummies" series. Trademarks are protected to prevent consumer confusion, and using a similar phrase might imply an association with the well-known series. This protection applies internationally, as trademarks can extend across multiple jurisdictions.

If your title is intended to convey a concept similar to "for beginners" or "for idiots" in a unique way, consider alternative wording that avoids any resemblance to the registered phrase. Creativity in phrasing can help you avoid legal issues while still conveying your intended message effectively.

Consulting with an intellectual property attorney can provide tailored advice for your specific situation and jurisdiction, ensuring your title doesn't unintentionally infringe on established trademarks. This step is crucial to protect your work and avoid potential legal complications.