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Unofficially Using a Trademarked name as the subject of a book question.

by kurtistb
7 replies
When I browse Amazon I see titles such as "The Unofficial Guide to Disneyworld", "the Unofficial Guide to The Walking Dead", "Ipad 2 The Missing Manual", "Facebook the Missing Manual" and "Unofficial Guide to The Mysteries of Harry Potter".

This has me confused as I thought trademarked terms were off limits or are these okay because they clearly state they are not associated with the company that holds the trademark and that the trademark is the property of their respective companies?

I was thinking about authoring a kindle book about about a product but its kind of impossible to do that without mentioning the product in the title. I understand that trademarked images are usually more restrictive but they aren't necessary for what I am trying to do. Does anyone have any ideas as to whether this is something that would be possible to do?
#book #question #subject #trademarked #unofficially
  • Profile picture of the author Bill Farnham
    Originally Posted by kurtistb View Post

    Does anyone have any ideas as to whether this is something that would be possible to do?
    This is clearly the wrong venue for such a question, so let me ask you this...

    If half the people responding say it's ok, and the other half say it's not allowed, what are you going to do? Flip a coin or go with the side that makes what you consider the better case?

    The point being a decision of this nature should not be left to a bunch of mooks on a forum.

    ~Bill
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    • Profile picture of the author kurtistb
      Originally Posted by Bill Farnham View Post

      This is clearly the wrong venue for such a question, so let me ask you this...

      If half the people responding say it's ok, and the half say it's not allowed, what are you going to do? Flip a coin or go with the side that makes what you consider the better case?

      The point being a decision of this nature should not be left to a bunch of mooks on a forum.

      ~Bill
      Most likely I would weigh the merits of both sides of the debate. Depending on how I felt about about each side of the "coin" I would decide if it was worth more of a monetary and or time investment to see if this is an avenue I want to walk down.

      I just figured since this is a discussion board it makes more sense to get an overall feel for the sentiment behind these types of products before throwing any money or time at it. I didn't know there was anything wrong with that. Has the definition of "discussion forum" changed while I wasn't paying attention?
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      • Profile picture of the author Bill Farnham
        Originally Posted by kurtistb View Post

        Has the definition of "discussion forum" changed while I wasn't paying attention?
        I thought I was discussing your question. Obviously I didn't say what you wanted to hear. My apologies.

        ~Bill
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        • Profile picture of the author kurtistb
          Originally Posted by Bill Farnham View Post

          I thought I was discussing your question. Obviously I didn't say what you wanted to hear. My apologies.

          ~Bill
          Apology accepted. I do understand there are some people who would base an important decision solely on what anonymous people on a forum say, but I'm not one of them. However, I do thank you for your concern since some people genuinely do need to be saved from themselves.
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  • Profile picture of the author The Lawyer
    Banned
    Consult an attorney, what you are proposing is not that aberrational.
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  • Profile picture of the author Aaron Doud
    It really is going to depend on the situation. You need a lawyer for this one.
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    Aaron Doud - Sales & Success
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  • Profile picture of the author creature
    you don't need to hire a lawyer. A trademark means that the holder can enforce certain uses of that trdemark IF THEY CHOOSE TO.

    Why would Disney want to discourage people from learning about Disneyland? They certailny would on a porn site, but a well-crafted guide that is accurate and positive is like a free ad for them.

    You can always contact the trademark holder and request permission for the intended use, explaining the benefits to the holder an allowing them to approve the final language before publication. Just make sure you get permission in writing.
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