No Excuses, Authors: Crank Up the Book Series!
TTAB Finds Single Diet Book Not Entitled to ProtectionAccording to the U.S. Patent and Trademark Office’s Trademark Manual of Examining Procedure,…
August 31, 2017 at 03:16 PM
5 minute read
The original version of this story was published on Law.com
TTAB Finds Single Diet Book Not Entitled to Protection
According to the U.S. Patent and Trademark Office's Trademark Manual of Examining Procedure, the title, or a portion of a title, of a single creative work is not registrable as a trademark, but the title of a series of creative works is. That's why The Hardy Boys, the title of one of the most popular juvenile book series of all time, is registered, but the title of the Herman Melville novel Moby Dick is not.
But rulings in this vein can be nuanced. For example, in a precedential ruling at the Trademark Trial and Appeal Board in Independent Media Corporation (PVT.) Ltd. v. BOL Enterprise (PVT.) Ltd., Independent Media claimed prior use of the mark BOL, but BOL Enterprise opposed on grounds that the former's claim was based only on the title of a Pakistani motion picture. Independent Media then argued Bol Enterprise had perpetrated fraud on the USPTO, an assertion that failed to convince the Board.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Trending Stories
- 1Wine, Dine and Grind (Through the Weekend): Summer Associates Thirst For Experience in 'Real Matters'
- 2The Law Firm Disrupted: For Big Law Names, Shorter is Sweeter
- 3The 'Biden Effect' on Senior Attorneys: Should I Stay or Should I Go?
- 4BD Settles Thousands of Bard Hernia Mesh Lawsuits
- 5'You Are Not Alone': 120 Sex Assault Victims Plan to Sue Sean 'Diddy' Combs
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250