You Decide: Trademark v. Free Speech

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Last Updated-- 1:57 PM (Eastern) Aug. 14

Starting in 1954 with the publication of Living the Good Life, Helen and Scott Nearing wrote a whole series of books known as "The Good Life Series." A hit song titled "The Good Life" (words by Jack Reardon and music by Sascha Distel) was sung by tony Bennett in 1962

"The Sound and the Fury"--William Faulkner--could Shakespeare sue? "She's Come Undone"--lyric from a Joy Division song

Here's one: Starting in 1954, with the publication of Living the Good Life, Helen and Scott Nearing wrote a whole series of books known as "The Good Life series." A hit song titled "The Good Life" (words by Jack Reardon and music by Sascha Distel) was sung by Tony Bennett in 1962.

Here's one: Starting in 1954, with the publication of Living the Good Life, Helen and Scott Nearing wrote a whole series of books known as "The Good Life series." A hit song titled "The Good Life" (words by Jack Reardon and music by Sascha Distel) was sung by Tony Bennett in 1962.

Have It Your Way by Vicki E. Walton; Have It Your Way by Marjorie Shuler; It's the Real Thing by Regina Khidekel; Where's the Beef? by David Cole; Eye on America by Michael Ruetz; American Justice & American Justice II by L. L. Owens; The White Album by Joan Didion; She's Come Undone by Wally Lamb; and I found 5 books by different authors, and they were not associated with the song or the movie, titled Where the Boys Are

"Whatever it Takes" a book by McCall & Kaplan of the Center for Creative Leadership A Passion for Excellence" by Tom Peters "The Peaceable Kingdom" book by Sedgwick don't have time to look up dates and publishers of above as am busy writing a new book to be titled either "progress is our most important product" (but its not about GE)or "We Try Harder" (but its not about Avis). I am outraged spouse of a real author and Guild member.

Fox News should be countersued for expropriating the term "fair and balanced", which has been in use in journalistic circles for decades and, as such, is NOT trademarkable. Fox trying to claim a trademark on "fair and balanced" would be like General Motors trying to trademark the word "automobile". A Yahoo! search for "fair and balanced reporting" returns 118,000 hits, with a sizable number of media outlets sites using the term to describe their coverage -- clear evidence of the term's common use. Secondly, should Fox News prevail, practically every computer book on the planet will have to be recalled, including two of mine (Dorling Kindersley's "KISS Guide to Microsoft Windows" and "KISS Guide to Microsoft Windows Millennium Edition"). Obviously, "Microsoft Windows" and "Microsoft Windows Millennium Edition" are trademarks of Microsoft Corp. Most computer books refer to trademarked product names on their cover, whether the product is Quicken, Java, Mac OS X, Microsoft Office, Adobe Photoshop, etc. There are literally thousands of computer book titles with trademarked product names featured on their covers. RBLevin@RBLevin.net

The film and the song "Alice's Restaurant" (if Alice trademarked the name of the place).... If I remember correctly Apple Computer did have to pay the Beatles some money in a trademark infringement suit (the Beatles' pre-existing label was Apple Corp.) I thought that was pretty fruity at the time.... If Spike Jones (the band, not the person) was trademarked could the heirs sue Spike Jonze the filmmaker?... Perhaps the key case here is the Prince logo. The artist formerly known as Prince changed his name to a logo and distributed copies to newspapers to use to refer to him. They didn't use it, so he reversed gear and threatened to sue (or sued) anyone who used his trademarked logo. This raised the linguistic absurdity of trademark infringement to the height of great conceptual art. But then it was only recently that I realized that the Smith Brothers were not named Trade and Mark. James Monaco more intellectual property oddities at http://readfilm.com/Piracy.htm

"The Year The Yankees Lost The Pennant," subsequently turned into the musical "Damn Yankees." Tarbell's "Standard Oil"

Allow me to suggest Thomas Mann's The Magic Mountain - which clearly takes its name from a popular corporate amusement park.

I don't care much for Al Franken, and I do like Fox News, but I think in this case Fox News is wrong. Although there is not a chance in the world that Al Franken could present "A Fair and Balanced Look at the Right," he certainly should be allowed to use the phrase in the subtitle of his book. Therefore I offer the following to add to the Authors Guild list: "Up Close and Personal" the movie title, which played off the long-time title for ABC Sports vignettes. "When It Rains, It Pours," the Morton Salt slogan is the title of a CD by Adamantium. Coke's slogam "It's the Real Thing" is used in the titles of several books, including "Knowing If It's the Real Thing: Discovering the Roots of Intimacy" by Gerald Alper (2003) and "It's the Real Thing: Soviet and Post-Soviet Sots Art and Pop Art" by Regina Khidekel (1998). Good luck. . . Barry Hampe

"Diamonds Are Forever" Ian Fleming (in sensible GB) "Water Music" by T.C. Boyle (Handel's estate hasn't uttered a word of objection.)

Somebody should have put the brakes on this a long time ago. Hasn?t it been at least ten years since the Olympic Games organization succeeded in forcing restaurants with names like Olympic Diner to change their names on account of trademark infringement? The titles offered for your list raise an interesting question. Words such as Prozac (or another example, Xerox) are, in fact, the property of a specific corporation that invented the names to be used to designate and sell commercial, proprietary entities. The names didn?t exist until these companies created them. Putting free speech issues aside, the use of such words in titles might be open to litigation. However, ?fair and balanced? are words, for crying out loud. They?re our language. How did we ever get to the point that businesses were able to trademark our daily speech out from under us? Are we supposed to run a trademark search every time we write something, for fear that somebody might have beaten us to the punch and trademarked what we were going to say? I?ve got it! Why doesn?t the Authors Guild raise the necessary funds to trademark all forms of the verb ?to be?? I realize it would interfere with the free speech of others, but if we don?t, Fox might, and then where will we ___?

I haven't the time to sort through the above titles so here is my list. Vanity Fair The Gilded Age (Twain's play) East of Eden A Job of the Plains (William Humpries short story) Cities of the Plains The Sound and the Fury For Who the Bells Toll Up Close and Personal (the movie with Redford and Michelle Pfieffer) Catch 22 M*A*S*H Navy Seals (a movie) G.I. Jane ( a movie) Sink the Bismark (an English Movie) Dead Man Walking (a movie)

MacBird during the 1960s and early 1970s was a parody of Shakespeare's Macbeth, meant as a criticism of President Lyndon Johnson for his Vietnam War policies. I'd love to cover this so-called trial. Any trial judge worth his or her salt will throw this sucker right out of his/her courtroom. Diane Wolff

"Down and Out in the Magic Kingdom," a current novel by Cory Doctorow, about Disneylands in the future.

Many of these suggestions relate to works that are now in the public domain (the Bible, John Donne, Milton, Shakespeare, for example) and therefore not subject to the protection of copyright law. I think the Author's Guild should offer a little more education to those members who seem to be unfamiliar with copyright law.

As an attorney and Aor's Guild member, I am opposed to the Guild becoming involved in this. "Fair and balanced" is a trademark, and Mr. Franken attempts to use the words in their context as a phrase. That is much different than using a single word, such as Lexus or Prada. True, Breakfast of Champions is a phrase --- but query whether General Mills would allow that nowadays. This is both a legal (copyright) matter and a political matter, and the Author's Guild should stay out of it. Michael McGaulley

How about vice versa, i.e., news shows that rip off from authors: 60 Minutes used to have "Point Counterpoint" and never acknowledged Aldous Huxley.

How about "Elvis, Jesus and Cocoa-Cola" by Kinky Friedman (Simon and Schuster, 1993)? --Eleanor Lerman

James Baldwin's "Go Tell It On The Mountain"--clearly ripped off from the hymn by John Wesley Work, Jr. (1872-1925).

"Enigma Variations," a novel by Richard and Sally Price (Harvard University Press, 1995) uses the name of Elgar's famous music.

"Where's the Rest of Me?" Ronald Reagan's memoir which takes its title from a (presumably copyrighted) line of dialogue in Kings Row, a 1941 motion picture. This is TV-to-TV, but Fox's "A Current Affair" borrowed the title of another program (Australian) called "A Current Affair".

"Ash Wednesday" by Ethan Hawke. Perhaps the Catholic Church could sue.

OOOPS! Sorry! I made a mistake. In "History Of..." (1965), Morison actually lifts "The Grapes of Wrath" from Steinbeck (1939), whom I suspect lifted it from the Bible. (Sorry, I don't know my Bible well) Oooh, goodie! Two for the price of one! Also, one sees "As Through A Glass Darkly" and variations thereof all the time, which, if memory serves, is Jonathan Edwards. (Sorry, Bartlett's isn't handy.)

"Be All You Can Be" (US Army) "BE ALL YOU CAN BE: A Challenge to Stretch Your God-Given Potential" by John C. Maxwell "BE ALL YOU CAN BE: 12 Sermons On Developing God-Given Potential" by Michael B. Brown ----------------- "Does She or Doesn't She?" (Clairol) "Does she or Doesn't She?" by Alicia Kwitney "DOES SHE...OR DOESN'T SHE?: And How She Did It" by Shirley, Polykoff ---------------------- "Say It With Flowers" (FTD) "Say It With Flowers" by Beverly Parkin "Say It With Flowers" by Suellen K. Brown "Say It With Flowers" by Andrea Edwards ------------------------- "Finger Lickin' Good" (KFC) "Finger Lickin' Good" by Paul Levy

Fitzgerald's "Tender is the Night" is taken from Keats' Ode to a Nightingale, and Steinbeck's "The Grapes of Wrath" is from Samuel Eliot Morison's "The Oxford History of the American People."

To include songs: 'Even Better Than the Real Thing' by U2 incorporates the Coca Cola slogan. And just look at the lyrics of 'Zooropa' (also by U2) which inludes a whole list of ad slogans, all easily identifiable with a particular brand (vorsprung durch technik, that ring of confidence, fly the friendly skies, the appliance of science, etc.)

Steinbeck's "In Dubious Battle" takes its title from a line in Milton's "Paradise Lost." Shakespeare's "Macbeth" is the source for "The Sound and the Fury" by Faulkner. The list is endless... Not copyrighted words, perhaps, but somehow I doubt that Milton or Shakespeare would object if they could. This is truly one of the most idiotic legal issues in memory. Now that I think of it, I just had a series of six books about Florida published...with titles such as "Uniquely Florida." Shall I expect a letter from Jeb Bush's lawyers claiming my book has tarnished the brand image of the Sunshine State?

THE OY OF SEX: Jewish Women Write Erotica, edited by Marcy Sheiner, Cleis Press, San Francisco, 2000. Clear ripoff of "Joy of Sex."

The afore-mentioned film "The Solid Gold Cadillac" is also a play, by Howard Teichmann and George S. Kaufman. (I believe Judy Holliday also starred in the original Broadway production) And since we seem to be on the topic of both music and Ecclesiastes, what about virtually all of the lyrics to The Byrds' "Turn, Turn, Turn," hmmm?

There are more than 50 books whose titles begin with the words Everything You Always Wanted To Know About.... There are hundreds of books that incoroporate those words in that order in their titles or subtitles. Check the Library of Congress online catalog at http://catalog.loc.gov/

Orange Roofs, Golden Arches: An Architecture of American Chain Restaurants by Phillip Langdon (title refers to McDonald's logo) Can I Just Do It Till I Need Glasses? And Other Lies Grown-Ups Told You by Ludlow Porch ("Just Do It" is Nike's slogan) Until the Real Thing Comes Along: A Novel by Elizabeth Berg and The Real Thing by Tom Stoppard ("The Real Thing" is Coca Cola's slogan) Where's The Beef? The Mad Cow Disease Conspiracy by David Lamar Cole ("Where's the Beef?" is a slogan used by the Wendy's hamburger chain) Nike is a Goddess: The History of Women in Sports by Lissa Smith (Nike is a trademarked brand of athletic shoes and clothing) The Wonderful World That Almost Was: Snap! Crackle! Pop! Was!: Touch Me Not! by Paul Thek, Ann Wilson and Harald Szeemann ("Snap! Crackle! Pop!" is an advertising slogan used by Kellogg's Rice Krispies) Unsafe at Any Speed by Ralph Nader (criticizes the Corvaire automobile's safety record) The Joy of Sax, America During the Bill Clinton Era by Walt Brasch (parodies the book title "The Joy of Sex") Coke Machine Glow by Gord Downie (this biography of a Canadian musician uses the Coke brand name in its title) Collector's Guide to Kodak Cameras by James M. McKeown (title includes brand name of camera manufacturer) Shiny Adidas Tracksuits and the Death of Camp: And Other Essays by Might Magazine [editor] (no doubt an unauthorized use of the Adidas brand name) Java in 60 Minutes A Day by R.F. Raposa (If CBS has trademarked title of its "60 Minutes" show, this author could be in legal hot water) CBS: Reflections in a bloodshot eye by Robert Metz (title includes network name) Michael Schumacher: The Ferrari Years by Christopher Hilton and The Mechanic's Tale: Life in the Pit-Lanes of Formula One (books on car racing and race car drivers use brand names in titles) Bored of the Rings: A Parody of J.R.R. Tolkien's The Lord of the Rings by Harvard Lampoon Staff et al (add universities to the list of folks who could be sued for infringing through parody) The Onion Platinum Prestige Encore Gold Premium Collector's Collection (3-Book Set: Our Dumb Century, The Onion's Finest News Reporting, Dispathes From the Tenth Circle) by the Onion, Robert Siegel, editor (Could credit card companies sue this author for infringing their use of "Platinum" or "Gold Premium"? The Wizard of "IS": The Short, Ugly Story of the Impeachment of billy Jeff Clinton and His Trailer Park Presidency (conservatives could be sued, too. This book title parodies "The Wizard of Id" comic strip and books. The Mocking of the President: A History of Campaign Humor from Ike to Bush (parodies "The Making of the President" book title) It Takes a Village Idiot: Lessons We've Learned from the Clinton Administration (infringes Hilary Clinton's book title, "It Takes a Village") Ashes to Ashes: America's Hundred-Year Cigarette War, the Public Health and the Unabashed Triumph of Philip Morris (contains name of cigarette company Philip Morris; investigative journalism and all critical works will be stifled along with parodies if this suit preveals) The Cheerio Killings by Doug Allyn (detective novel includes a General Mills cereal brand name) What Has Ten Legs and Eats Corn Flakes? by Ron Roy, et all (joke book title has a Kellogg's cereal brand name) The Destroying Angel: Sex, Fitness & Food in the Legacy of Degeneracy Theory, Graham Crackers, Kellogg's Corn Flakes & American Health History (I doubt any manufacturer would authorize use of its brand name in a book obviously critical of the industry. Does this mean we can no longer publish anything critical of a company without its permission?) How Wal-Mart is Destroying American and the World and What You Can Do About It by Bill Quinn (no doubt an unauthorized use of the Wal-Mart name; there are many books with titles clearly critical of Wal-Mart, not to mention many other corporations)

My book "Made For Each Other -- A Symbiosis of Birds and Pines" (Oxford Univ. Press, 1996) has a title similar to that of a song.

"Prozac" (song) by B. barnett; Better Than Prozac by Samuel H. Barondes; Prozac on the Couch: prescribing gender in the era of wonder drugs by Jonathan Michel Metzel; "Prozac in the Park" (song) by Blue Truth. And who can forget Frederic Schiffter's Pensees d'un philosophe sous prozac? Or Idan Rabi's Shishim miligram prozac? Or Lucia Etxebarria's Amor, curiosidad, Prozac? I know I can't.

Prozac-free: homeopathic medicine... by Robert Ullman; Hypericum handbook: using St. John's wort, "nature's prozac" by Carol Turkington; Plato, not prozac! by Lou Marinoff; Listening to Prozac by Peter D. Kramer; Natural Prozac by Joel C. Robertson; From the Back Row: a list of veterinary school stresses as viewed by a student on prozac by Dean Scott; Prozac Backlash by Joseph Glenmullen; "Prozac Daiquiri" (song) by Teratoma; Why Kids Don't Have Heart attacks: 7 reasons why kids have fun while adults have prozac by Ethan J. Anderson; If I'm So Successful, Why Am I Taking Prozac?: negotiating the lifestyle you've always wanted by Ed Brodow;

Cooking with Prozac: from soup to Nuts by Robin Cohn. Prozac Poetry edited by Pamela Holcombe; Serotonin: how to naturally harness the power behind prozac by Syd Baumel; Prozac: panacea or pandora? by Ann Blake Tracy;Beyonf Prozac: toxic life styles, natural anecdotes... Michael J. Norden; Barking at Prozac by Tom McNichol; Nature's Prozac: natural therapies... by Judith Sachs; Prozac Nation: young and depressed in America by Elizabeth Wurtzel; Natural Prozac Program by Jonathan Zuess; Potatoes, Not Prozac byKathlee DesMaisons; Natural Alternatives to Prozac by Michael T. Murray; prozac Highway by Persimmon Blackbridge; Prozac Diary by Lauren Slater; Prozac Alternative: natural relief... by Ran Knishinsky

THE MAGIC KINGDOM by Stanley Elkin THIS BOY'S LIFE by Tobias Wolff (Boys' Life is name of a magazine)

My last book, MOTOWN, was neither authorized nor endorsed by the record label, but neither did they complain about the use of the corporate name as the title of the book about the label's history.

Well, of course, Ecclesiastes wasn't around to sue Ernest Hemingway for The Sun also Rises, nor was John Donne available to sue Hemingway over For Whom the Bell Tolls. I also don't think that Aldous Huxley asked Shakespeare permission for Brave New World. and I very much doubt that General Motors was consulted about The Solid Gold Cadillac, a satirical play from some years back that starred Judy Holliday. Maybe Shawn Levy got the permission of the British TV station that aired "Ready, Steady, Go" in the 60s to title his 2002 book "Ready, Steady, Go: The Smashing Rise and Giddy Fall of Swinging London," and maybe his lawyers at Doubleday told him it wasn't necessary -- anyway, it's worth checking out, since it does involve a TV program & thus would be a very relevant precedent. I don't think you can copyright book titles anyway, can you? I know of at least two books entitled Myself Among Others, one by Rinda West and the other discussed in the NYTimes this summer. I also know of at least two books named l Blood Sport, one by Robert F. Jones and another published more recently. And if you can't copyright book titles, how can you copyright the title of TV programs? sincerely, piri@mindspring SS

Do songs count? How about "Kodachrome" by Paul Simon?

For Whom the Bell Tolls -- Did Hemingway get sued by the John Donne estate? (Ben Mattlin, Los Angeles)

I thought Fox News® oxymoronic use of Fair & Balanced® was supposed to be satirical. This lawsuit is of course a publicity stunt and an insult to American Free Speech®.

The Real Thing by Tom Stoppard (and Coca Cola) The Greatest Show on Earth by multiple authors (and Ringling Brothers). Also: "The Greatest Flower Show on Earth" The Life of Reilly by Pat Riley (and some TV production company) Gilligan's Wake by Tom Carson (taking characters and name from CBS-TV's Giligan's Island) Listening to Prozac by Peter Kramer (and Eli Lily, Inc.)

Breakfast at Tiffany's

A Charge to Keep (by George W. Bush....right) Charles Wesley's Hymn "I Have A Charge to Keep" trademarked?

"I'd LIke to Teach the World to Spring" by Richard Simmons

"The Real Thing" by Jacques Lacan

And Yoko Ono didn't sue P.J. O'Rourke for Give War a Chance. (Cory's lawyer again.)

"Just Do It" by Kim Cattrell

• The Real Thing by Tom Stoppard (and Coca Cola) • The Life of Reilly: The Best of Sports Illustrated's.... by Rick Reilly (and some TV production company) • THe Greatest Show on Earth by numerous authors (and RIngling Brothers); also "2. The Royal Horticultural Society Chelsea: The Greatest Flower Show on Earth by Leslie Geddes • Listening to Prozac by Peter Kramer (and Eli Lilly) • Gilligan's Wake by Tom Carson (with Gillian's Island characters by CBS TV)

"The Man in the Brooks Brothers Suit" by Mary McCarthy.

Down and Out in the Magic Kingdom by Cory Doctorow (Tor Books 2003) is probably going to get him sued eventually, but he hasn't been served yet! /s/ One of Cory's Lawyers

Objective, Fair and Balanced : A New Law for Religion in Education. BRITISH HUMANIST ASSOCIATION, (1975). ASIN 0901825093

For that matter, there's also Sherman Alexie's "The Lone Ranger and Tonto Fistfight in Heaven"

"Krazy Kat", Jay Cantor's novel, is named after the cartoon series by George Herriman.

Lonely Planets: The Natural Philosophy of Alien Life, by David Grinspoon To be published this November by Ecco/HarperCollins If rabid trademark protections were invoked, the publisher of the "Lonely Planet" travel guides could object...

How about these???????..................... Reading Don't Fix No Chevy's" : Literacy in the Lives of Young Men by Michael W. Smith (Author), Jeffrey D. Wilhelm (Author) Sheep in a Jeep by Margot Apple (Illustrator), Nancy E. Shaw (Author) Beijing Jeep: A Case Study of Western Business in China by Jim Mann Jeffery the Jeep by Bill N. Dingus, Carol Bates Murray (Illustrator) God, Pepsi, and Groovin' on the High Side: Tales from the Nascar Circuit by Richard Ernsberger Everybody's Studying Us: The Irony of Aging in the Pepsi Generation by Irene Pavll Coke Machine Glow by Gord Downie, Gordon Downie Coke Stop in Emo: Adventures of a Long-Distance Paddler by Alec Ross

"Woke Up This Mornin'" This title has been a blues song and a book title. "Time and Again," Jack Finney's novel, also a song and what not. "About Face," the book on China policy by James Mann. I doubt if the Army sued him. "Hard Core," a collection of stories by Jim Thompson. There was a movie, not based on the book but an entirely different story, by Paul...I forget at the moment. And I'm sure you will see Hard Core listed in many places, as well as the more notable porn sites. "So Far From Heaven," by Richard Bradford. The novel's title comes from the folk proverb..."so far from heaven, so close to Texas." "The French Quarter," by Herb Asbury. The City of New Orleans neither sued nor took umbrage. Shakespeare...well now, it's also a manufacturer of fishing rods. "A Clear and Present Danger," by Tom Clancy. Apparently the State Department neglected to sue him. "Beautiful Bad Girl," Gordon Basichis, the title of his book published in 1985. The term since has become common nomenclature. To the best of his knowledge, Basichis has no intention to sue.

Polaroids From the Dead -- Douglas Coupland

There are dozens, if not hundreds, of articles, newsletters, perhaps books, etc., named "All the News that Fits." The N. Y. Times is probably flattered.

The suit will probably be dismissed as frivolous, but if not, Mr. Franken will be able to afford the costs from the increased royalties resulting from all the free publicity. Look for my next novel entitled "Rupert Murdoch and the Order of the Phoenix."

"In Search of Lost Time" by Marcel Proust. A clear infringement on the name of AOL Time Warner's premier newsweekly. (Curtiss Leung, http://www.panix.com/~hncl/HectorsJournal)

Goodbye Mickey Mouse. Author: Len Deighton. About a bomber, not a rodent.

DEVIL IN A BLUE DRESS started out as a song title.

The Tao of Pooh-an insult to A.A. Milne by implying the author is a member of a heretical religion

Spam-Ku a collection of haiku poetry about Spam.

Ted Moony's "Easy Travel To Other Planets" was the title of a brochure put out by the Krishna Society.

Texaco by Patrick Chamoiseau.

"The electric Kool Aide Acid Test," Tom Wolfe. (I can't spell worth a darn so you'll have to check it).

The Magic Kingdom, by Stanley Elkin

The Poisonwood Bible. I hear God's really, really mad about this one.....

The Big Easy: I don't believe New Orleans sued the production company.

"Team Rodent: How Disney Devours the World" by Carl Hiaasen. -- Thomas R. McDonough

Just about any book critical of a named company is going to be fair game for corporate censorship if this ridiculous suit proceeds. Consider these books that Disney did not stop, despite being so hot on trademark protection it once forced a day care center to take unlicensed paintings of its cartoon characters off their walls: Team Rodent : How Disney Devours the World by Carl Hiaasen Disney: The Mouse Betrayed, by Peter and Rochelle Schweizer Tinker Belles and Evil Queens: The Walt Disney Company from the Inside Out by Sean Griffin Mouse Under Glass by David Koenig Microsoft owns "Windows" as well as Age of Empires, Where do you want to go today? The Age of Kings, Rise of Nations, Rushmore, SideWinder, Monster Truck Madness, Crimson Skies, Fallen Kings and "Your Potential. Our Passion." But you can still buy: Breaking Windows: How Bill Gates Fumbled the Future of Microsoft by David Bank Pride Before the Fall: The Trials of Bill Gates and the End of the Microsoft Era by John Heilemann The Microsoft File: The Secret Case against Bill Gates by Wendy Goldman Rohm And what about the entire computer book sector. Just about every title includes a trademarked product name, and some such books are by no means complimentary, with titles like this: Windows XP Annoyances by David A. Karp I Hate Word for Windows by Bryan Pfaffenberger Agri-business and the fast food oligopoly would be slaughter books like: Where's the Beef?: The Mad Cow Disease Conspiracy by David Lamar Cole Stephen Cobb Author's Guild Member (thanks for taking this on!)

Not sure whether last comment was received: Inca Cola by Matthew Paris. Bottled drink consumed widely in Latin America, presumably trademarked.

"Steppenwolf" by Herman Hesse -- Surely the band that sang "Magic Carpet Ride" is suffering brand degradation. . .



My book, "Things You Need to Be Told" has two chapter titles which are songs: "Miss Otis Regrets" by Cole Porter and "It Don't Mean a Thing if it Ain't Got That Swing" by Duke Ellington and Irving Mills. I'm pretty sure you can't copyright song titles, though. At least I hope not.

I can't find the book at the moment, but a Groucho Mark collection of letters has a masterpiece of a reply from him to a threatened trademark infringement suit over his movie in which the word Casablanca is part of the title - the producers of the movie Casablanca threatened to bring the suit and his response is a tour de force. Kathy Ivens

From a Buick 8 by Stephen King.

Two novels that use trademarks in titles: My Sister from the Black Lagoon by Laurie Fox and The Edible Woman by Margaret Atwood (surely a spin-off from the old educational toy "the visible woman," that eerily transparent, organ-baring female doll).

Diamonds Are Forever (Ian Fleming); De Beer's slogan is "A Diamond Is Forever."

Tom Wolfe wrote the The Electric Kool-Aid Acid Test. Kool-Aid is a registered trademark of Kraft Foods.

"The Tao of Pooh" and the "Te of Piglet" by Benjamin Hoff, although surely he had to get permission from the estate of A.A. Milne?

She's Come Undone by Wally Lamb -- it was a song title



Coffee Tea or Me? The Uninhibted Memoirs of Two Airline Stewardesses by Trudy Baker

"Let Freedom Ring" by Sean Hannity is also a Verizon slogan: http://news.verizonwireless.com/news/2003/06/pr2003-06-30.html Apparently it was copyrighted in re: windchimes: http://hometown.aol.com/crochetalong/freering.html It was also the name of some kind of musical show: http://www.target.com/gp/detail.html/601-2036072-5580124?asin=B00006I0CN Also the name of a series of kids' books: http://www.capstone-press.com/LetFreeRing.cfm You get the idea. Googling titles from O'Really, Scarborough etc. would probably yield a similar harvest. Max Sawicky http://maxspeak.org/gm

She's Come Undone by Wally Lamb

As Long as She Needs Me by Weinstock (song from the play Oliver?)

You could also add All Things Considered : Advanced Reader of Modern Chinese by Chih-p'ing Chou, Yan Xia, and Meow Hui Goh

Perhaps Douglas Coupland ought to sue the press for overuse of the phrase "Generation X." Speaking of Coupland, I'd think Bill Gates wouldn't be too pleased with the similarity of "Microserfs" to the almighty Microsoft.

"Star Wars" when applied to the Strategic Defense Initiative (in the title of many books) - George Lucas lost a suit barring the use of his movie title.

Here are some book titles that include trademarks: Starburst by Frederick Pohl (Candy) Lincoln by Gore Vidal (Automobile) A Unix Guide for DOS Users by Allen G. Taylor (Operating System--see current Linux litigation) Voodoo OS/2 by Allen G. Taylor (OS/2 is an IBM operating systemm, unconnected with dark magic) Access Power Programming with VBA by Allen G. Taylor (Microsoft trademarks on Access and VBA)

"Breakfast at Tiffany's," my all-time favorite American novella. Perhaps Capote could also have been sued on the grounds of making false claims, since you can't actually get breakfast at Tiffany's.

Robert A. Heinlein's Rolling Stones

My first book, The Healthy Home, seems to fall into this category.

Cadillac Desert, Marc Reisner's classic book on water in the American West

re Fox/Franken I had a book out in 1977 called THE ASSASSINATION PLEASE ALMANAC, a play on the then-annual INFORMATION PLEASE ALMANAC. Never heard from them. (I doubt if they're still around, as the Internet has overtaken the function of instant data.) In 1981 I brought out a book called ON THE BORDER, which is also the name of a restaurant chain. I don't know if the chain preceded the book or vice versa. I first saw one of their restaurants in 1984. Never heard from them, either. -- Tom Miller Tucson, Arizona

I wonder if The Who considered suing me for appropriating My Generation?

I Love You Phillip Morris by Steve McVicker (although Phillip is spelled differently than the tobacco company)

"She's Not There" by Jennifer Finney Boylan takes the title of a classic rock song identified in the book as recorded by the Zombies.

How about "Breakfast at Tiffany's"? Surely Tiffany & Co. doesn't approve of call girls, no matter how chic they may be!

How about calling the list -- Where's the Beef?

Any Book that talks about email spam would infringe on the Hormel Foods Spam which is trademarked.

My novel Famous Potatoes, published in 1978, has yet to draw a legal challenge from the state of Idaho. Joe Cottonwood.

How aboutthe following titles that clearly have ad slogans in them? Freedom of speech is precious...Hope we can help Al Franken. New York: The City That Never Sleeps by Anthony Shugaar (ad slogan) Diamonds are Forever by Ian Fleming (ad slogan) Say It With Flowers by Ph.D. Bob Nelson The Wonderful World That Almost Was: Snap! Crackle! Pop! Was!: Touch Me Not nu Paul Thek (ad slogan) Finger Lickin Good by Paul Levy (ad slogan)

Stanley Elkin's 1985 novel "The Magic Kingdom" & "Metropolitan Life" by Fran Lebowitz

Jonathan Lethem's upcoming novel "The Fortress of Solitude."

The Photorealism books are by Louis K. Meisel

Kentucky Fried Movie

The Authors Guild has lost its sense of humor. Fox News is transparently bringing this lawsuit claiming infringement of its proprietary "fair and balanced" as a publicity stunt. Brothers and sisters, lighten up! Mary Campbell Gallagher, J.D., Ph.D.

In 1969 I coined the word "Photorealism" to define an art genre. In 1981 Harry N. Abrams published my first book by that Name with 700 pages and over 1200 illustrations. In 1991 came my second volume Photorealism Since 1980. In 2002 the third volume Photorealism at the Millennium. Somwhere in the 80's Canon trademarked the word "Photorealism" for their copiers. They have not yet tried to come after me. It IS my word so it would be interesting to see what might happen.

"Southern Comfort" the movie -- but it has a credit line to the whiskey in the credits.

Several of my books; Formula One, Silverstone, Monza, and Phoenix could be cited for copyright infringemnet on the names of the race tracks and the city they used in thrillers about Formula One, which is the copyrighted name of the World Motor Racing Championship. The Indianapolis Motor Speedway threatened my then publisher, William Morrow & Co if they went ahead with Indy, the title of my second book. IMS charged trademark infrigement, an especially flimsy claim. But it was enough to intimidate a publisher who doesn;t have spare cash, they changed the name of the book to the innocuous The Race, robbing my of millions of potential readers. No, the big corporate bullies with their ranks of lawyers must be stopped in this clear attempt to limit free speech (ie. criticism) Good luck, Bob Judd bobjudd@earthlink.net

"Silent Running", wonderful movie by Douglas trumbull, surely a famous refrigerator sloga-- Nicholas Zvegintzov

_Television News and the Supreme Court : All the News that's Fit to Air?_ by Elliot E. Slotnick and Jennifer A. Segal and also _All the News That's Fit to Sell : How the Market Transforms Information into News_ by James Hamilton

Prozac Nation by Elizabeth Wurtzel The Electric Kool-Aid Acid Test by Tom Wolfe



Next in the Docket?

Fiction
Breakfast of Champions, by Kurt Vonnegut, Jr.
Title is longstanding trademark of General Mills. Drawings in work not up to trade-mark owner's standards.
The Devil Wears Prada, by Lauren Weisberger
Fashion house trade name in title. (Bonus libel concern: title may be factually inaccurate.)
Food & Culture
Fast Food Nation: The Dark Side of the All-American Meal, by Eric Schlosser
Cover evocative of McDonald's super-size fries through use of chain's signature colors.
Politics & Media
Bias: A CBS Insider Exposes How the Media Distort the News, by Bernard Goldberg
"CBS" in subtitle suggests that work is endorsed by the network.
World Economy
The Lexus and the Olive Tree: Understanding Globalization, by Thomas L. Friedman
Auto company's name improperly associated with misshapen tree.



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