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  1. #1
    Join Date
    Nov 2011
    Location
    Los Angeles
    Posts
    48

    Default Re: Registered My Book in Copyright, but Someone else Has the Same Title As Trademark

    How long ago was the Trademark published? Those that have existed for a long time have much more strength. Otherwise, its about likelyhood of consumer confusion. On its face it doesn't seem that there would be much but you also haven't given us any details on what your book is about or what the title is. In addition, even if unrelated that doesn't mean they can't file an action against you. Even if they lose it is still going to cost you time and money. What is stopping you from changing the title?

  2. #2
    Join Date
    Jun 2012
    Location
    California
    Posts
    9

    Default Re: Registered My Book in Copyright, but Someone else Has the Same Title As Trademark

    The title is Vortex Man, and the guy trademarked it on May 26, 2011.
    My book is fiction about a random guy who randomly encounters amazing adventures and obstacles but beats them in the end.
    I really don't want to change the title, I've had it for years, I'm just really looking for a way to use it. Even if I have to buy the trademark him.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Registered My Book in Copyright, but Someone else Has the Same Title As Trademark

    Is this you?

    facebook page

  4. #4
    Join Date
    Jun 2012
    Location
    California
    Posts
    9

    Default Re: Registered My Book in Copyright, but Someone else Has the Same Title As Trademark

    No sir, not me.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Registered My Book in Copyright, but Someone else Has the Same Title As Trademark

    then it would seem there is a third party, at least, in your group. Do a Google search for Vortex Man. There are multiple hits. Some obviously just user names but some are other uses that might conflict with your use.

  6. #6
    Join Date
    Jun 2012
    Location
    California
    Posts
    9

    Default Re: Registered My Book in Copyright, but Someone else Has the Same Title As Trademark

    So since my use of publishing this book doesn't interfere or have anything to do with the use of the guy owning the trademark, it would be fine to publish the book?

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Registered My Book in Copyright, but Someone else Has the Same Title As Trademark

    what throws me is their claimed use is "promoting public awareness of environmental issues and initiatives". Does that mean that is what their business "vortex man" does or is "vortex man" the guy that stands in front of an audience and gives a speech? I'm kind of lost on their use.


    If it is a fictional character, I could see a possibility of conflict. If they promote their butt in the same geographical area as your book is distributed, then there could be confusion (if your vortex man is a character in the book anyway). A company like that might intend on making something like a comic book or some other advertising literature to promote their lessons. I am a bit lost on this.

    Not that an internet search is definitive but I cannot find anything concerning vortex man and their stated use other than the TM (actually an SM -service mark) filing.

    A little bit of looking did come up with this:

    http://tarr.uspto.gov/servlet/tarr?r...entry=85330659

    it states there is currently an extension in place while the USPTO awaits a statement of use.

    I would almost guess they are not actually using the mark yet.

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