Trademark law protects words (like company names, for example), slogans (like tag lines), logos and designs that identify a brand of goods and services.
Copyright law protects original works fixed in a tangible format, including original works of authorship, such as books (fiction and non-fiction), poetry, movies, musical and artistic works, computer software, and architecture.
Book titles are not considered intellectual property (compared to a book’s content) because they are typically “short phrases.” As a result, they don’t fall under copyright and trademark protection. This is a general rule, however, which means there are always exceptions, which explains why you’ll often hear a lawyer answer a question with, “It depends.”
Books that are associated with established brands, in particular a series of books, may be eligible for federal trademark protection. The basis for the law is to protect unfair competition by having one party benefit from the goodwill of another. The Chicken Soup series is an example of a book brand that is protected by federal trademark law.
Generally speaking however, this means that just because someone else has used the book title you want to use, it doesn’t mean you can’t. It depends on whether the title of the book is associated with an established brand of goods and services. Do you homework before deciding on your book title.
When in doubt, check the USPTO database (United States trademark office) to see whether a trademark or copyright has been registered.
Next, read this post on FAIR USE when it comes to using quotes and other content that you did not create..
Read this post on the topic of the proper (legal) use of images.
Need some peace of mind? Have a quick question you’d like answered by a lawyer? Click HERE.