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  1. #11
    Join Date
    Mar 2019
    Posts
    17

    Default Re: If a Single Book Title Has First Use, but

    All they have is a single title book, nothing more. I'm surprised their attorney responded the way he did. I believe he thought he would scare the bejesus out of me and make me go away.
    Yes, I do think I'll be shopping for a lawyer.

    Thanks for all your responses, jk.

  2. #12
    Join Date
    Jul 2018
    Posts
    1,756

    Default Re: If a Single Book Title Has First Use, but

    Quote Quoting Katydog
    View Post
    If a single book title has first use, but is not trademarkable since it’s a title of one book, and a company comes along and gets a trademark for that name (the title of that book) and has a brand built around that name, and then the original book gets a complete update, a new cover, new content and a new ISBN (which indicates a new product), does the company who published the book still have first use rights since it is now a new product?
    What an absolute mess of a question (and your several follow up posts don't really clarify anything).

    I think what you're saying is that someone published a book with the title "XYZ." Subsequently, someone created a product or service using the name "XYZ" and registered that name in one or more categories with the U.S. Patent and Trademark Office. Sometime thereafter, the book is re-published. Is that about right?

    I don't have any idea what your question about "hav[ing] first use rights" might mean, but it is unlikely that the existence of the "XYZ" product or the registration of the "XYZ" name will have any impact on the re-publication of the book.

    Let me give you a hypothetical. Let's say that someone published a book called Moon Pie. Subsequently, some company creates a snack cake called "Moon Pie" and registered that name in the appropriate category with the USPTO. Thereafter, someone re-published the book. The existence of the snack cake and the registration of its name with the USPTO would have no relevance to the re-publication.

  3. #13
    Join Date
    Mar 2019
    Posts
    17

    Default Re: If a Single Book Title Has First Use, but

    I believe it is more than just re-publishing the original book since it was significantly changed in the second edition (adding almost 150 pages). I think it could be considered a new product at this point.

  4. #14
    Join Date
    Jul 2018
    Posts
    1,756

    Default Re: If a Single Book Title Has First Use, but

    Quote Quoting Katydog
    View Post
    I believe it is more than just re-publishing the original book since it was significantly changed in the second edition (adding almost 150 pages). I think it could be considered a new product at this point.
    Fair enough, but that doesn't change my prior response unless the new material somehow ties into the product.

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