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447 Views 4 Replies Last post: Aug 13, 2017 4:42 PM by R.C. RSS
Level 0 3 posts since
Jun 6, 2017
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Aug 13, 2017 10:26 AM

Someone published a book using part of our Title

My co-author and I published the book Eddie's Eclipse on 7/18.  Sales have been great and yesterday we noticed someone, through another self publishing venue, published Eddie's Eclipse Coloring Book.  The book does not steal my images, but I'm rather frustrated that they are possibly trying to piggyback off sales by having the similar phrasing to our book.  Is this legal?  Is there anything that can be done about this?  We have also noticed on a Google search that someone is trying to sell a PDF/Kindle version that we did not release.  Any thoughts?

Level 5 19,091 posts since
Sep 5, 2009
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1. Aug 13, 2017 10:29 AM in response to: EddiesEclipse
Re: Someone published a book using part of our Title

Titles are among the things you cannot copyright:

 

Copyright does not protect names, titles, slogans, domain names, or short phrases. In some cases these things may be protected as trademarks. Copyright also does not protect ideas, concepts, systems, or methods of doing something, although it may protect the way these things are expressed.

 

 

Walton

Level 5 12,762 posts since
Aug 22, 2008
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3. Aug 13, 2017 10:47 AM in response to: EddiesEclipse
Re: Someone published a book using part of our Title

EddiesEclipse wrote:

I'm rather frustrated that they are possibly trying to piggyback off sales by having the similar phrasing to our book.  Is this legal?

Perhaps not, but it would fall under unfair trade practices, not copyright law. The difficulty comes in proving intent. As you say, it's possible that the author was doing that, but it could also be just a coincidence, especially since none of visual/graphic elements are similar. Because of that, and since you did not protect the name/brand as a registered trademark, I think it would be almost impossible to get a judgment against the other author/publisher.

Level 5 6,033 posts since
Mar 10, 2012
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4. Aug 13, 2017 4:42 PM in response to: Lighthouse24
Re: Someone published a book using part of our Title

Trademark is almost always required to pursue something like this so it is doubtful you have any standing, if you're really concerned consult and attorney. There is no copyright protection but there may be another angle, a costly angle most likely but who knows.

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