The Intellectual Property Forum

I agree generally with Isaac on the underlying law.  I would caution, however, that the more you are using the title *becuase of* the existing book, the more likely you will be faced with a successful legal action brought against you.  I think that's a real world practical consideration for you.

- Jeff

Dan -

I think this whole issue falls under the "fair use" heading.  Literally speaking, any videotape violates the authors'  (plural) copyrights.  The question thus is, which, if any, taping, have courts excused in the past.

A good place to start is good old Nimmer on Copyrights.  You can also do a search on Lexis or Westlaw for cases on point.  I venture to guess you'll find more than one pretty close to your facts.

Finally, you can always consult a lawyer if your interest is more than just for curiosity.

- Jeff

Lisa -

Whether you file for registration of the one word alone or in combination with the second word depends largely on how you use the mark in commerce.  Your filing has to closely track your actual use, generally speaking.

On the search end, you really should consider having a qualified attorney do a search for you before moving forward full steam ahead.  I can't tell you how many clients have come to me saying "I've done a search and my name isn't being used" only to learn upon my search that there are marks in existence which would prohibit registration (or which would out-and-out stop the client's use of the mark).

I have reasonable, fixed-rate fees for searches and application preparation, as I'm sure many others here do as well.   I also welcome conversation with you free of charge to help you understand the full scope of the trademark game.  Please feel free to call me.

- Jeff

The short answer is, "probably not".  Your safest route would be to contact the copyright owners and seek their permission.  If you are a non-profit, they may agree.

- Jeff

Dave -

The feedback you need, in my opinion, is that which an attorney can give you after some candid, initial discussions.  I provide these initial consultations for free, as do other participants on this BB, I believe.

Please feel free to call.

- Jeff

To echo what the others have said above, recipes are absolutely patentable as a subject matter.  I remember when I was in law school and working for the now defunct Pennie and Edmonds, I kept coming across a case that dealt with a Hormel patent on preparing processed pork patties (or something like that).  It's not exactly home cooking, but it was undeniably a recipe.

On a more practical note, I think the more your "invention" address new preparation/cooking methods, as opposed to merely new combinations of ingredients, the better your chances will be to receive patent protection.

- Jeff

A "C&D" letter is a "Cease and Desist" letter.  It demands that the infringing party stop infringing.  Only a court can issue an injunction, and you need to sue to get that relief.

Regarding the issue of how the C&D will be received, they generally are not welcomed, to say the least.  Depending on the financials of the project at issue, they may elect to settle quickly for what they deem to be the "nuisance value" of the matter.  Beyond that, every matter is different, and it's hard to draw to many generalizations.

As far as being sued, it's difficult to stop a company from suing you (assuming they at least have a colorable cause of action against you).  The bigger question is whether they would be successful, or perhaps whether you want to open yourself the the expense and aggravation of a suit in the first place even if you ultimately prevailed.

Substantively, in most cases the senior owner of the mark can only stop you from using the mark if your use would likely cause confusion in the market.  This inquiry hinges largely on the similarities of the marks and of the goods/services each one covers.

As for charges, I generally charge $195 per mark for a registerability search and application preparation for simple wordmarks, and $245 for marks with logos or tag-lines.

- Jeff