You Decide: Trademark v. Free Speech

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Aug. 26 Update: After Friday's ruling denying Fox News's attempt to block publication of the work, Fox has dropped the lawsuit. To see the Guild's brief and the list of titles containing trademarks we submitted to the court, click the links below.


To read more about the lawsuit, visit the main Authors Guild website:



Aug. 20, 5:50 P.M. (Eastern) Update: We've now submitted our brief including a list of trademarked titles to the court. The hearing on Fox's motion for a preliminary injunction will be this Friday.

Thank you for all your help. The list was compiled mostly from your suggestions. Not all good suggestions made it in, since we were working under serious time constraints and had to verify the information for each of the suggested works.

Aug. 18, 6:20 P.M. (Eastern) Update: Fox v. Penguin and Franken has been transferred to federal court. This afternoon, the Guild submitted a letter to the court requesting leave to brief the court on the issues this case presents from the authors' perspective. Attached to that letter was a preliminary list including many of the titles submitted to this website. That letter and attachment follow.


Aug. 18, 12:10 P.M. (Eastern) Update: We're back at the office after the blackout. We believe this website was up without interruption.

After reviewing some of the more recent comments, we'd like to remind people that we're talking about trademark, not copyright, infringement. The Guild's been a staunch defender of copyright -- an author's right to control the re-use of the author's creative expression -- since its founding. Trademark is the right of an entity to use words, phrases and images to denote that it is the source of a particular book, broadcast, automobile or other commercial product. Trademark has not been a traditional concern of the Guild except in cases like this, where an entity makes aggressive use of a trademark to stifle free speech.

The key legal issue in any trademark litigation is the likelihood that consumers will be confused as to the source of a product. The issue, that is, is whether readers are likely to believe that Al Franken's book is the product of Fox News Network.

Aug. 14, 2:10 P.M. (Eastern) Update: Apparently some visitors believe we're collecting these titles because it's entertaining. Not so! Many of the suggested titles are dead on. We intend on submitting them to the court. Scroll down to add your suggestions.

Granted, the case strikes many as a bit silly. But there are serious legal issues at stake. The court's ruling may set important free speech precedent.

To see the complaint, click on the following pdf:


Aug. 14, 9:50 A.M. (Eastern) Update: More than 100 responses posted in this site's first 12 hours. See list at bottom of page and add your own suggestions.







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Fox News Network claims that Mr. Franken and his publisher Dutton have infringed its trademark by using "fair and balanced" (a phrase trademarked by Fox) in the subtitle of Mr. Franken's upcoming book and that this is cause to seek an extraordinary remedy under U.S. law -- to preemptively block publication of the work. Fox also alleges that the book mimics the look and style of those of its host, Bill O'Reilly.

The Authors Guild is compiling a list of works that might have been subject to being barred under this bizarre interpretation of the trademark law. We intend to submit this list to the court hearing this case, and we'd like your help in this endeavor.

Our list appears to the right. Below, you may enter your own candidates for works that would have been, or might soon be, threatened.


Whose fries?
The context of this lawsuit is starkly political: a liberal author and comedian criticizing a conservative news network. Neither side is pulling punches. The title of Mr. Franken's work -- "Lies, and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right" -- seems calculated to stir the ire of Fox News Network. Fox's complaint alleges that Mr. Franken is a "parasite" and "unfunny." Authors Guild president Nick Taylor emphasizes that the Guild takes no side in the politics of this sharply drawn debate. "The Guild's politics are purely writers' politics," says Mr. Taylor. "We care that trademark law is being used as a blunt instrument in an attempt to silence an author's expression."

The work involved is a political work, and political speech (as compared to, say, commercial speech, such as advertising) rightly is entitled to the highest protection under the Constitution. Most troubling is that a news organization, which should share our concern about free speech, is pressing the case.
 

Thank You!

We've now submitted our list to the court, which was compiled mostly from the suggestions at this site. Here's our brief and the list:



Note: The postings are moderated. We will remove inappropriate remarks.

What other books incorporate trademarks in their covers?

Click and type in a question or comment

Here's one that's not a book title, not a record title, no, nothing like that - it's a government appropriation, and it affects a trademark monstrosity known as Lucasfilm: Star Wars, the Reagan era's (and, unfortunately, Bush era's as well) dubious missile-protection program and Star Wars the, er, movie/action figure/etc. corporate juggernaut. I think that the infringement here, on this level, renders as so many moot words anything Fox could ever want to aim at Al Franken. I mean, Star Wars...and it's not exactly an association a quasi-liberal like George Lucas would press close to his bosom, one would think.

Maybe you ought to consider more than book titles. Consider "Weird Al" Yankovic's parody music videos. Should Michael Jackson be able to sue him because "Weird Al" parodied his songs and personal manerisms? Marc Eisen Isthmus Madison, Wis.

The Biofab War by Stephen Ames Berry (Ace, 1985) See below website for commercial biofab usage. (Author's note: biofab = "biological fabrication"; same meaning implicit in Yole's use of the word.) http://www.yole.fr/pagesAn/products/pdf/biofab.pdf

Perhaps a precursor to this is whole issue is the fact that Bill O'Reilly, in a Fox interview with Dan Savage, author of 'Skipping Towards Gomorrah: The Seven Deadly Sins and the Pursuit of Happiness in America', suggested Savage pay Robert Bork royalties for his 1996 book 'Slouching Towards Gomorrah: Modern Liberalism and American Decline.'

How about: "Does She or Doesn't She" by Alisa Kwitner published by Avon. Wasn't that the tagline for Miss Clairol?

"Looking For Mr. Goodbar."

Here are a few for your list... Breeding Superman: Nietzsche, Race and Eugenics in Edwardian and Interwar Britain by Dan Stone Publisher: Liverpool Univ Pr; (May 2002) ISBN: 0853239975 Shaquille O'Neal Man of Steel by Douglas Bradshaw Publisher: Grosset & Dunlap; (January 2, 2001) ISBN: 0448425521 Stalin: Russia's Man of Steel by Albert Marrin Publisher: Puffin; Reprint edition (November 1993) ASIN: 0140326057 Man of Steel and Velvet: A Guide to Masculine Development by Aubrey P. Andelin Publisher: Pacific Pr; (January 1994) ISBN: 0911094237 Wonderwoman and Superman: The Ethics of Human Biotechnology (Studies in Bioethics) by John Harris Publisher: Oxford University Press; (May 1992) ASIN: 0192177540 Hope that helps!

"On the 7th Day God Created Chevrolet," a novel by Sylvia Wilkinson, 1993, ISBN 0-945575-13-0. Photo on the cover: a '55 Chevy Bel Air.

McLibel: Burger Culture on Trial by John Vidal (half a golden arch on the cover).

"Leaving Disneyland," a novel by Alexander Parsons.

802.11 Wireless Networks: The Definitive Guide was the subject of a trademark dispute. The Institute of Electrical and Electronics Engineers (IEEE) objected to the use of the "802.11" in the title. (As published, the title now includes the trademark registration after 802.11, something that no other book on the market does, to my knowledge.) Fortunately, my publisher didn't flinch, and went ahead with publication anyway.

I don't think these satirical parodies have been mentioned (from a search at bn.com): Barry Trotter And the Unauthorized Parody Rewired: A Parody Martha Stuart's Better than You at Entertaining: A Parody As well as: Television News and the Supreme Court: All the News That's Fit to Print? - NY Times Trademark Disney Discourse - Disney trademark

Euclid's "Elements." How many titles have used that title? Strunk & White "Elements of Style," Adobe's graphics program "Elements." The astronomy book "The Milky Way" by Bok & Bok. I strip off the dust cover and find no chocolate and nugget center inside--I want to SUE!!!!

"From a Buick 6," by Bob Dylan (song title) "Brand New Cadillac," by the Clash (song title) "Pink Cadillac," by Bruce Springsteen (song title) See http://www.car-nection.com/yann/Dbas_txt/Songs.htm and http://www.webspawner.com/users/cadillacsongs/ for extensive lists of dozens of other song titles including the word Cadillac See http://tadl.tcnet.org/sscbookmarks/carbkmk.htm for titles of songs with diverse car names in them. How to Read Donald Duck : Imperialist Ideology in the Disney Comic by Ariel Dorfman Vinyl Leaves: Walt Disney World and America (Institutional Structures of Feeling) by Stephen M. Fjellman Disney Discourse: Producing the Magic Kingdom (Afi Film Readers) by Eric Loren Smoodin (Editor) The Magic Kingdom: Walt Disney and the American Way of Life by Steven Watts --. A. D. Coleman

YA series GIRLS R.U.L.E. (Kris Lowe). "Girls Rule" is trademarked under several other kids & teen product domains (clothing lines, etc.).

YA series GIRLS R.U.L.E. (Kris Lowe). "Girls Rule" is trademarked under several other kids & teen product domains (clothing lines, etc.).

Billy Joel trademarked his name in the early '80s. Any unauthorized bio (a common phenomenon surrounding megaselling pop artists) would therefore seem to be a "problem."

The Coca-Cola Kid; movie, 1985, directed by Dusan Makavejev

The Coca-Cola Kid; movie, 1985, directed by Dusan Makavejev

The Coca-Cola Kid; movie, 1985, directed by Dusan Makavejev

Apple II Users Guide, 3rd Ed.; Lon Poole with Martin McNiff and Steven Cook. Osborne/McGraw-Hill, 1985. ISBN 0-07-881176-7. Macworld Mac OS X Bible, Jaguar Edition; Lon Poole, Dennis Cohen, and Steve Burnett. John Wiley & Sons, 2001. ISBN 0764537318. Using Your IBM Personal Computer. Howard W. Sams & Co., 1983. ISBN 0-672-22000-8.

From Walter Schneir. Good To the Last Drop A 1991 20th century fox film title. When it rains it Pours After the Rain (Purex slogan) Also, there's the song with the line: She's a twentieth century fox

Does She or Doesn't She? Novel by Alisa Kwitney from old Clairol tagline

Elvis, Jesus, & Coca Cola by Kinky Friedman

Let's not forget the use of the Nabisco trademarked logo on the cover of BARBARIANS AT THE GATE, Burroughs et al.

I saw a right wing book at the Strand in NYC called Al Franken is a Big Fat Idiot with a doctored picture of Al Franken. And Al had a book called Rush Limbaugh is a Big Fat Idiot. So did that book infringe on Al Frankens book?

Mickey Mouse history and other essays on Americxan memory, by Mike Wallace; Popeye Among the Polar Bears, Kenneth Koch; The Road to Miltown, or, Under the Spreading Atrophy, S.J. Perelman

Sex , Drugs and Cocoa Puffs by Chuck Klosterman

Coke Machine Glow by Gordon Downie

it's a short story rather than a novel, but Larry Niven's "Man of Steel, Woman of Kleenex" comes to mind.

"A Case of Lone Star" by Kinky Friedman

How about "The Perfect Store: Inside eBay" by Adam Cohen, published by Little, Brown, and "Starting an eBay Business for Dummies" by Marsha Collier, published by Collier. The second title does include a register mark in one use of eBay on the cover (there are three uses of the term altogether on the cover).--Martha R. Williams

Three more entries from Worldcat, the nationwide consolidated library card catalog: Book -- Guidelines: fair and balanced treatment of minorities and women. Publication: Cincinnati, Ohio : South-Western Pub. Co., 1976 Book -- C-SPAN, fair and balanced? Author: Willard, Vicki Catado, 1966- Publication: 2001 Thesis/dissertation/manuscript (apparently unpublished) Book -- The oh really? factor: unspinning Fox News Channel's Bill 0'Reilly / Author: Hart, Peter, 1974-Publication: New York : Seven Stories Press, 2003

Cadillac Desert by Mark Reisner

"The Barbie Murders" by John Varley "L.A. Times" by Stuart Woods

Walter Benjamin at the Dairy Queen:Reflections on Sixty and Beyond, by Larry McMurtry

TODAY IS THE FIRST DAY OF THE REST OF YOUR LIFE by Robert Thomas Allen (Total cereal)

Poodle: THE OTHER WHITE MEAT: The Second Sherman's Lagoon Collection by Jim Toomey (National Pork Board)

UP, UP AND AWAY: A Book About Adverbs (World of Language) by Ruth Heller (Transworld Airlines)

NO MORE TEARS by Shelby Lewis (Johnson's Baby Shampoo)

FIT FOR A KING by Diana Palmer (Chiffon Margarine) FIT FOR A KING: The Elvis Presley Cookbook by Elizabeth McKeon, et al Royal Winton Porcelain: Ceramics FIT FOR A KING by Eileen Rose Busby (plus about a dozen more)

IMAGE IS EVERYTHING by Marvin Winans (Canon slogan)

I haven't seen all the covers ever produced since it was first published, so I don't know if any cover art made use of it, but in Aldous Huxley's bleak vision of the future, Brave New World, he employed many references to The Year of Our Ford, in rather an unflattering association with the automobile company and its founder. And pretty much every copy of Mad Magazine ever published has made explicit cover use of some trademark or other, as a pointed sarcastic parody.

Cadillac Jack by Larry McMurtry World's Fair, by E. L. Doctorow The White Hotel, by DM White The Hardscrabble Chronicles by Laurie Bogart Morrow The Media Monopoly by Ben H. Bagdikian

"Hitch-Hiker's Guide" to the Universe...

How about "Zen and the Art of Motorcycle Maintenance" and assorted other "Zen of" books? Has anyone asked the Dalai Lama for permission?

How about "Fit to Print: A.M. Rosenthal and his Times" an unflattering expose of the New York Times by Joseph Goulden?

"Red Lobster, White Trash, and the Blue Lagoon" by Joe Queenan appears to contain a couple potentially trademarked phrases. Many songs contain such phrases, but are not visual symbols. Also, Saturday Night Live, et al, often uses trademarked images in parodies.

Today I saw one of Arnold Schwarzenegger's commercials in which he used the term "without fear or favor". I wonder if the NY Times will now sue him.

How about: Metropolitan Life, by Fran Lebowitz (Dutton, 1974)

Here's a couple of news media related titles for you that I didn't see on your list: All the News, All the Time: The CNN Story Peter Arnet ( new - not pub yet 2003) Cnn's Tailwind Tale: Inside Vietnam's Last Great Myth by Jerry Lembcke (Hardcover - November 2003) Who Killed CBS? : The Undoing of America's Number One News Network Author: Boyer, Peter J. The House That Roone Built: The Inside Story of ABC News by Marc Gunther Edited for Television: CNN, ABC, and American Presidential Elections by Matthew Robert Kerbel This...Is CBS - A Chronicle of 60 Years Slater, Robert

Book title from early '70s: How To Keep Your Volkswagen Alive

Not sure if this was ever trademarked, but Katharine Weber published a novel a few years ago titled "Objects in Mirror Are Closer Than They Appear."

O'Reilly is fortunate that Barry Sears, author of the wildly popular THE ZONE series, is not infantile and insecure enough to sue him for deliberately causing confusion with "THE No Spin ZONE"

L'Oreal has had a trademark on "Because You're Worth It" since 1976. Book title: "Saved Sex: Chastity - Because You're Worth It" by Molly Kelly; ISBN: 0892839961; Publisher: Center for Learning; Publication Date: 1997

there's an old song (can't remember the title) which goes: come with me, lucille, in my merry oldsmobile...never heard of any coimplaints about that and i'll bet it sold a lot of those old Olds'sss. also i wrote a novel, published in early 80's, called Rodeo Drive. the Rodeo Drive association did not peep, even though, at the time the name was very hot as a shopping destination and in the public mind. Fox is a big fat idiot. b leason

Jay Rath, of Madison, Wis. wrote (and Wisconsin Trails published): "The W-Files, True Reports of Wisconsin's Unexplained Phenomena," (1997); "The M-Files, True Reports of Minnesota's Unexplained Phenomena," (1998); and "The I-Files, True Reports of Illinois' Unexplained Phenomona," (1999).

from: michael a. padlipsky, the.map@alum.mit.edu correction. it is not the case that "The key legal issue in any trademark litigation is the likelihood that consumers will be confused as to the source of a product. The issue, that is, is whether readers are likely to believe that Al Franken's book is the product of Fox News Network." that is A key legal issue, not 'the' key legal issue. another, deeper, key legal issue is whether an idiom and/or cliche' can/should be trademarked in the first place. even the current, profoundly misguided especialy when it comes to software patent office still occasionally defers to 'prior art'; why doesn't the trademark office follow the analogous principle? still another, possibly less deep but still compelling, legal issue is whether the onus of being aware that a common idiom and/or cliche' has been trademarked in the first place falls on the author. during the few seconds i've had fox news on my television screen before remote-controling away in revulsion, i've certainly never seen a 'tm' symbol following the words 'fair and balanced'. and perhaps the deepest legal issue of all is whether one can trademark a lie. perhaps that's the purview of the ftc 'truth in advertising' folk, tho. but it should, i suggest in all sincerity even if it sounds facetious at first blush, be raised in the guild's brief. as well, one intensely hopes, as in mr. franken's defense team's arguments. [i won't risk a technical copyright violation by sending you a scan of the splendid 5/2/03 'bizzaro' cartoon i clipped from my newspaper when i first saw it, but it ought to be safe to describe it in paraphrase: guy in suit at a briefing easel, saying in essence that our legal department wants us to change the logo; on the easel a frame that shows the fox news logo on the left and on the right a frame that shows the same logo except that the word news is in quotation marks.] finally, back to your list. spending not much more time on it than i spend on fox 'news' channel, i noticed that several of the entries merely seemed to be using a company's name [esp. wal-mart] in connection with other words that clearly can't possibly be trademarked, so i infer that it must be 'wal-mart' per se that's trademarked. if so, that must mean that you can't name a store 'wal-mart'without their permission, but if it's also being construed as meaning you can't talk/write about wal-mart without their permission, whatever judges ruled on that are even stupider than the calif. supreme court, which can't even understand that when the constitution they're supposed to be guided by says the lieut. gov. succeeds to any/all vacancies in the gov.'s office that's got to mean that you don't have 'recall candidates' in gubernatorial recall elections. at the least, a separate category for such titles ought to be used, so as not to risk getting tangled up in irrelevancies; and i'd just as soon see them dropped from the list, on the grounds that quality ought to matter more than quantity. cheers, map [whose shoulder problems caused him to break down some time ago and create a 'signature' file to apologize for the lack of his formerly customary e-volubility -- and who's been employing shiftless typing for a long time now to spare his wristsnfingers, in case you didn't know ... and who's further broken down and done http://www.lafn.org/~ba213/mapstuff.html , rather grudgingly]

George Carlin's "Napalm & Silly Putty." ISBN 0-7868-6413-3.

Trademarked phrases in ALL CAPS; check out this website: http://advertising.utexas.edu/research/slogans/ Hypocrisy: DON'T LEAVE HOME WITHOUT IT - Leonard Feinberg (American Express; given the lawsuit, this is my FAVORITE!) Positive Discipline: DON'T LEAVE HOME WITHOUT IT by Victoria Lavigne, Katherine Augustyn (Audio Cassette) Distance Learning: REACH OUT AND TEACH SOMEONE -Donna J. Abernathy (AT&T) Wisdom for Single Parents: A PAUSE THAT REFRESHES - Carole Riley (Coke) Knowing if IT'S THE REAL THING: Discovering the Roots of Intimacy - Gerald Alper (Coke) IT'S THE REAL THING: Soviet & Post-Soviet Sots Art& American Pop Art - Regina Khidekel GETTING THERE IS HALF THE FUN: Mythic Paths to Re-Union with God - Kathleen H. Hofeller (Cunard Steamship Co.) Brownwater: GETTING THERE IS HALF THE FUN - Samuel C. Crawford DIAMONDS ARE FOREVER - Ian Fleming (DeBeers) DIAMONDS ARE FOREVER: Artists and Writers on Baseball - The Smithsonian Institute Baseball: DIAMONDS ARE FOREVER - Ariel EXTINCTion IS FOREVER - Donald Silver, Patricia J. Wynne (Friends of Animals) THE BEST A MAN CAN GET - John O'Farrell (Gilette) MANY HAPPY RETURNS: The Lives of Edgar Cayce - W. H. Church (IBM) The PETER PAN Syndrome - Colette Dowling DRIVERS WANTED - Jim Dewald (Volkswagon) THE BEST SEAT IN THE HOUSE: The Golden Years in Radio and Television - Pat Weaver, Thomas M. Coffey (Jockey Underwear) JUST WHAT THE DOCTOR ORDERED: A Complete Guide to Drugs and Medications for Your Dog - Race Foster, Marty Smith (L & M Cigarettes) ONE IN A BILLION- Sharlee Mullins Glenn, Rachel Hoffman-Gayles (Illustrator)(McDonald's) PLAY IT AGAIN, SAM - Maryann Miller (NY state Lottery) FLY THE FRIENDLY SKIES of Laos? - Dan McQ (United Airlines) A MIND IS A TERRIBLE THING TO WASTE: Coping At The Start Of Your Career - Bob Rosner (United Negro College Fund) BE ALL THAT YOU CAN BE: 12 Sermons on Developing God-Given Potential (Great American Preacher Series) - Michael B. Brown (U.S. Army) SMALL WONDER: Essays - Barbara Kingsolver (Volkswagon) RING AROUND THE COLLAR - Charles Henri (Wisk) MAGICALLY DELICIOUS - Jo Goodman, Hannah Howell & Linda Madl (Lucky Charms) DON'T GIVE UP THE SHIP: Finding My Father While Lost at Sea - Neil Steinberg (Cutty Sark Whiskey) KILLS BUGS DEAD - Diane Martin (Raid) HAVE IT YOUR WAY, Charlie Brown - Charles M. Schulz (Burger King) FINGER LICKIN' GOOD - Paul Levy (KFC) LIKE A ROCK Laying the Foundation for the Rest of Your Life - Andy Stanley (Chevrolet) NEW AND IMPROVED -- Richard S. Tedlow KEEP THE CHANGE--Thomas McGuane I'VE GOT A SECRET (Full House Michelle series) SEALED WITH A KISS (Mary-Kate & Ashley "Two of a Kind" series) THE DREAM TEAM (Mary-Kate and Ashley in Action series) The Case of the WEIRD SCIENCE Mystery (New Adventures of Mary-Kate and Ashley series) WEIRD SCIENCE: The Ghosts of Fear Street Collector's Edition DANCE FEVER (Sweet Valley Jr. High #28) ONE LAST KISS (SV University #29) MYSTERY DATE (SVHigh Super Edition)(Hasbro or Parker Bros.) CRUISE CONTROL (SVH Senior Year #44)

Another suggestion: The song "Cadillac Ranch," by Bruce Springsteen

Vare and Ptachek, "Mothers of Invention: From the Bra to the Bomb: Forgoteen Women and Their Unforgettable Ideas." ISBN 0-688-06464-7 Don Sayre, "Inside ISO 14000: The Competitive Advantage of Environmetnal Management." ISBN 1-57444-028-4 [this comment from author]

I wonder if All State should sue Miss Vicki Thompson? Thompson, Vicki L. "In Good Hands" New York, NY, U.S.A.: Harlequin Books, 1989. Soft Cover. Harlequin Temptations # 256. ISBN:0373253567

I'm not sure whether the NYT ever trademarked the phrase, but it was part of their creed and slogan, just as Fair & Balanced for Fox. Book is "Without Fear or Favor: And Uncompromising Look at the New York Times," by Harrison Salisbury, Times Books, 1980. Also, Max Frankel's memoir, "The Times of my Life and my life with The Times (ital). John Stacks

Breakfast of Champions, Kurt Vonnegut

Chevrolet Summers, Dairy Queen Nights by Bob Greene (Author) (Paperback - March 2001) double credit?

A few more: Searching for a Super Man, Watching for a Wonder Woman: Prepare to find the love you desire by Ken Kington Kmart's Ten Deadly Sins: How Incompetence Tainted an American Icon by Marcia Layton Turner Milly and the Macy's Parade by Shana Corey

How about: "When Trying Fails, Just Do It" by KC Borden. (Nike's "Just Do It") or "Magically Delicious Kisses" by Jo Goodman, Hannah Howell, and Linda Madle (Lucky Charms' "Magically Delicious")

"Monster Zero" the title of a book of poems by Jay Snodgrass comes from the title of a Godzilla film. Jay Snodgrass has not yet been sued by the Toho corporation.

A perusal of TESS, the U.S. Patent and Trademark database, reveals that Fox News has trademarked "Fair & Balanced" not "Fair AND Balanced." Mr. Franken's title uses the phrase with an "and" not an amperstand. I suggest that he trademark the phrase using "and" and have his own fun with it.http://www.uspto.gov/main/trademarks.htm

The Empire Strikes Back: Outsiders and the Struggle over Legal Education (Critical America) by Arthur Austin (Hardcover - October 1998) The Gnostic Empire Strikes Back: An Old Heresy for the New Age by Peter Jones (Paperback - December 1992) Cisco and DSL: The Empire Strikes Back [DOWNLOAD: PDF] by Yankee Group (Author) (Digital ) The Napoleonic Wars: The Empires Strike Back 1808-1812 by Todd Fisher (February 2002) Empire Strikes Back: Race and Racism in 70's Britain by Centre for Contemporary Cultural Studies (Paperback - March 1984)

Andy and His Yellow Frisbee -- by Mary Thompson

"That's Doctor Sinatra, You Little Bimbo!", a Doonesbury book by GB Trudeau. "National Lampoon's DOON" by Ellis Weiner. A parody. This is a great idea. Good luck.

The Real Thing (play by Tom Stoppard)

Move Over, Victoria-I Know the Real Secret: Surrendering the Lies that Bind You to the God Who Frees You -- by Nancy Kennedy, Steve Brown. Also The Victoria's Secret Catalog Never Stops Coming : And Other Lessons I Learned From Breast Cancer by Jennie Nash

Hasbro's Candy Land was in a famous trademark suit. Yet there is Candyland : A Novel In Two Parts -- by Ed McBain (Author), and In Candyland It's Cool to Feed On Your Friends by James Chapman

Milky Way & Mars Bars: Astronomy for Kids by Carole Marsh. Also The Playboy -- by Carly Phillips.

From a Buick 8 by Stephen King; The Road Less Traveled by M. Scott Peck

The Twinkie Squad by Gordon Korman Sex, Drugs, and the Twinkie Murders by Paul Krassner

Add my book, "Stagecoach: Wells Fargo and the American West," Simon & Schuster, 2001, Free Press, 2002. The word and symbol of the stagecoach is the heavily protected trademark of the bank. Philip L. Fradkin, Guild member.

Wonder Bread and Ecstasy: The Life and Death of Joey Stefano Wonder Bread Hill by Richard Weinraub

My own interior design book title -- "In My Room" by Antonio F. Torrice and Ro Logrippo -- is an example since the Beach Boys wrote the song "In My Room" over 20 years earlier than the book was published. Hope this helps! Thanks for the opportunity to contribute.

You might also want to look at titles in learned journals and magazines. For example, I wrote an article in Children's Literature, a journal edited at U Conn called : The Real Secret of Superman's Identity. Also, in my book, An Unlikely Prophet,(MacMurray & Beck, Denver 1998) while the title is bland, the whole book is based on my personal experiences with Superman, even describing an image of him constantly over my shoulder like a halo. This was a memoir and was based on the fact that I wrote the Superman strip for many years in the forties and fifties. No objection from DC Comics/Time-Warner lawyers, except they asked me not to use Superman images on the cover. In any case, this is an example of very broad public usage of a trademarked character. Hope this is useful. --Alvin Schwartz Member #27575

"Tramps Like Us" by Joe Westmoreland (me) Tramps Like Us is a line from a Bruce Springsteen song: Tramps like us, baby we were Born To Run!

FOOD: Jello, by Imamu Amiri Baraka (1970) MEDIA: 60 Minutes: The Power and the Politics of America's Most Popular TV News Show, by Axel Madsen (1984) Submitted by Mark Caldwell, #849

You can add my book: Blood and Wine: The Unauthorized Story of the Gallo Wine Empire (Simon & Schuster) Ellen Hawkes

BECAUSE OF WINN-DIXIE, a middle-grade novel by Kate DiCamillo, can be added to your list.

ISP Survivability Guide: Strategies for Managing Copyright, Spam, Cache & Privacy Regulations by Timothy Casey (Spam is a trademark of Hormel Foods)

"Dating Big Bird" laura zigman - has nothing to do with Sesame Street "still life with woodpecker" tom robbins - cover parody of the camel cigs packet

I guess my book "The Sky with Diamonds" could have fallen foul of the Beatles song "Lucy in ... etc" Malcolm Malcolm Ross-Macdonald Rossmacbooks Cummeen Lodge Banagher Birr Offaly Ireland tel/fax: +353 509 51410 rossmacbooks@eircom.net mirossmac2@eircom.net http://www.malcolmmacdonald.org

My two books may apply: The Healthy Home, and Southwest Style, both by Linda Mason Hunter

Chevrolet Saturdays by Candy Dawson Boyd; On the 7th Day God Created the Chevrolet by Sylvia Wilkinson; The Man in the Black Chevrolet by Todd Moore

Pepsi Cola 1. God, Pepsi, and Groovin' on the High Side: Tales from the Nascar Circuit -- by Richard Ernsberger; 2. The Encyclopedia of Pepsi-Cola Collectibles -- by Bob Stoddard, Robert Stoddard; 3. Odyssey: Pepsi to Apple...a Journey of Adventure, Ideas & the Future Lays Potato Chips 1. Play It As It Lays: A Novel -- by Joan Didion; 2. The Lays of Beleriand (The History of Middle-Earth - Volume 3) -- by J. R. R. Tolkien; 3. Lays of Ancient Rome The Brady Bunch (and Melrose Place) 1. Gen X TV: The Brady Bunch to Melrose Place by Rob Owen, Robert Owen 2. A Very Brady Guide to Life: Groovy Solutions to Life's Most Puzzling Dilemmas 3.Brady Bunch Count Up to Blast Down by William Johnston (Author) Gunsmoke (tv show) 1. Gold Dust and Gunsmoke : Tales of Gold Rush Outlaws, Gunfighters, Lawmen, and Vigilantes -- by John Boessenecker 2.Colorado Gunsmoke: True Stories of Outlaws & Lawmen on the Colorado Frontier by Kenneth Jessen 3. Gunsmoke over the Atlantic: First Naval Actions of the Civil War by Jack D. Coombe 4.Gunsmoke Thunder (Floating Outfit) by J.T. Edson 5. Gunsmoke over Big Muddy by Frank O'Rourke [THERE ARE 296 BOOKS WITH THE NAME "GUNSMOKE" IN THEM] Dragnet (tv) 1. Dial Tone Dragnet: The Earthy Education of a Phone Man, a Collection of Short Stories 2. My Name's Friday : The Unauthorized but True Story of Dragnet and the Films of Jack Webb by Michael J. Hayde Have it Your Way (Burger King) 1. Have It Your Way by Vicki E. Walton 2. Have It Your Way, Charlie Brown: Selected Cartoons from "Sunday's Fun Day, Charlie Brown" by Charles M. Schulz United airlines Fly the Friendly Skies of Laos? by Dan McQ Delta Airlines [ready when you are] 1. Ready When You Are, Mr. Coppola, Mr. Spielberg, Mr. Crowe by Jerry Ziesmer, Tony Slide (Editor) (Hardcover) 2. Ready When You Are by Elizabeth Schneider Colchie, Elizabeth Schneider 3. Ready when you are, C.B.! : the autobiography of Alan Yates alias Carter Brown by Carter Brown 4. Ready When You Are by Martha Rose Shulman (Hardcover - November 2003) 5. The Chain With the Knowledge and Ready When You Are, Mr. McGill by Jack Rosenthal Grace Under Fire (tv show) 1. Grace Under Fire by Beverly Barton (Author) (Mass Market Paperback) 2. Grace Under Fire: The State of Our Sweet and Savage Game by Lawrence Scanlan (Hardcover - September 2002) 3. Grace Under Fire by Mae Argilan NOTE All you really have to do is go to Amazon.com, type in a product name or slogan, and every book with that name or slogan will come up. The possibilities are endless.

How Would You Move Mount Fuji? - Microsoft's Cult of the Puzzle - How the World's Smartest Company Selects the Most Creative Thinkers - William Poundstone Also, I think computer books in general are a good example. Barnes and Noble lists no fewer than 9,948 books with the word "Microsoft" in the the title. The vast majority of these books are not endorsed by Microsoft, and not published by the Microsoft Press. Yet I don't see Microsoft filing even one lawsuit about this. And I don't seen consumers being confused into think that just because the word "Microsoft" appears in the title, that the book is published by Microsoft Press, or endorsed by Microsoft.

Any books about the Academy Awards that contain the word (and registered trademark) "Oscar," e.g., The Academy Awards: The Complete History of Oscar by Gail Kinn, Jim Piazza; Oscar Style: 75 Years, edited by People Magazine; Inside Oscar 2 by Damien Bona; Inside Oscar: The Unofficial History of the Academy Awards by Mason Wiley, et al; The Guide to Owning Oscars by Richard F. Stratton; Oscar Dearest: Six Decades of Scandal, Politics and Greed Behind Hollywood's Academy Awards, 1927-1986 by Peter H. Brown, Jim Pinkston; and many others!

His Master's Voice -- by Stanislaw Lem; His Master's Voice: A Detective Story by Ivy Litvinov; His Master's Voice by Robert Kotlowitz; His Master's Voice by H. Vellacott; From freedom and inequality to masters and slaves : the black American hears again his master's voice by Suryia Kumar Parmanand

A cursory Amazon search of book titles (and believe me, pop music titles would be even more fruitful) found the following: Milky Way & Mars Bars: Astronomy for Kids by Carole Marsh, The Big Mac Index: Applications of Purchasing Power Parity by Li Lian Guy, Big Mac: The Unauthorized Story of McDonald's by Maxwell Boa et al, and Que's BIg Mac Book by Neil J. Salkind. Some companies (Anheuser Busch, Miller, Mars, McDonald's) have quite a reputation for protecting their trademarks and even these titles slipped through, not just when they're clearly critiques of the firm in question. I didn't read every post here so forgive me if I'm repeating something that was already discovered, but these were *not* on the email this a.m. I must admit, given my exposure to trademark law during my advertising career, I am shocked that Fox ever got trademark protection for such an extremely common journalistic term. It's amazing what right-wing whackos can achieve in this day and age...

The Road to Miltown, by S.J. Perelman, "Miltown" being a drug, a decades-old precursor to Prozac. Co-incidentally, Perelman was evidently involved in writing another relevant book -- the 1890's Sears, Roebuck Catalogue, which has been sold commercially for decades.

How about BLUE WILLOW, a china pattern and also a novel by Deborah Smith? Also, THE WHEEL OF FORTUNE, a book by Susan Howatch and also a tv game show? Also, HIDE YOUR EX-LAX UNDER THE WHEATIES by Cheryl M. Thurston--a book title using two trademarked product names. Really the list of examples is endless--and this lawsuit is truly ridiculous. Counting on the publicity making a bundle for good old Al.

BREAKFAST CEREAL: The Cheerio Killings by Doug Allyn; Hide Your Ex-Lax Under the Wheaties by Cheryl M. Thurston; Just Twenty-Five Cents and Three Wheaties Box-Tops by Lee Foster; Pop Tart: A Fresh, Frosted Sugar Rush Through Our Pre-Packaged Culture by Liz Langley; Sex, Drugs, and Cocoa Puffs : A Low Culture Manifesto by Chuck Klosterman; TV Saturday Night Lives!: Selected Diaries by John Fraser

"Three Blind Mice: How The TV Networks Lost Their Way," by Ken Auletta (Random House, 1992)

Cadillac Jukebox by James Lee Burke

In 2001, I co-authored The One-Minute Meditator. This title was a takeoff from best-selling The One-Minute Manager, which is trademarked. We ended up trademarking our own title, but not before satisfying ourselves (with Guild input) that we were not infringing, owing to no possibility of confusion or competition between the uses. -- Bill Birchard

BLUE ITALIAN (name of a china pattern issued by Spode of Great Britain and title of a novel by Rita Ciresi)

Here's another title for your list: Duncan Delaney and the Cadillac of Doom by A. L. Haskett Best, Charlotte Vale-Allen

Fox News Channel has a show called "Fox and Friends." Surely this usage of the name of one of the most popular T.V. sitcoms violates some trademark?

"The Joy of TeX" is a classic reference book for the typesetting language TeX, and is obviously a takeoff on "The Joy of Sex".

I don't know about y'all, but I'm still waiting for the punchline to this joke. In the mean time, how about adding Breakfast at Tiffany's; The Electric Kool-Aid Acid Test; and Tom Stoppard's play, The Real Thing?

Still Life With Volkswagens by Geoffrey Nicholson, a black comedy about people obsessed with collecting air-cooled Volkswagens in every form, ranging from hand-built wind-up models to Elvis Presley's bullet-riddled VW-powered dune buggy: this novel presents the marque of VW in varied and often outrageous scenarios, some of which are not flattering, to say the least.

By Alecia Swasy: "Soap Opera: The Inside Story of Procter & Gamble" and "Changing Focus: Kodak and the Battle to Save a Great American Company"

"Honda Dream," novel by Liam Patrick P. Galbraith Paperback, February 2000

"Bloom County Presents The Night of the Mary Kay Commandos: Featuring Smell-O-Toons," by Berke Breathed, 1989, published by Little, Brown and Company.

What about the use of the word, ZEN. For example, ZEN and the Art of Motorcycle Maintenance Robert M. Pirsig There are over 1,ooo books 1,000 books with ZEN(which is a school of Buddhist thought) in their title. Other examples include; Zen Golf: Mastering the Mental Game -- by Joseph Parent; ZEN GUITAR by Philip Sudo etc. Shannon Daniels Minneapolis, MN

Whant about Zen and the Art of Motorcycle Maintenance Robert M. Pirsig Fo;;owedy that book you have 1,000 books with ZEN(which is a school of Buddhist thought) Zen Golf: Mastering the Mental Game -- by Joseph Parent; ZEN GUITAR by Philip Sudo etc,,, Shannon Daniels Minneapolis, MN

"Sexy in the City," Illustrated article, New York Magazine, August 11, 2003, pp 27 to 37

Anything with the word "Superhero" in the title would be a target, since the word "Superhero" is a jointly-owned trademark of Marvel Comics and D.C. comics, or at least it was in the 80's last time I checked.

I should think that if FOX News claims that the phrase "Fair and Balanced" being misused would tarnish their image, then they should definitely be the target of a class-action lawsuit for FALSE ADVERTISING. I mean, if they use that as a trademarked slogan, then it's their advertising tag- Therefore, it HAS to be TRUE for them to use it without incident. If McDonald's advertised a Big Mac as being "A Fair & Balanced Meal" I wouldn't imagine we'd have to wait long for someone to sue them for false advertising. I also look to the past in such oddly famous (and possibly urban legend) cases as the woman who sued Pillsbury because the Dough Boy didn't jump out of the can in real life, like he did in the advertisements. If that is grounds for a lawsuit, then "Fair & Balanced" is surely being misused by FOX News, as I find it a rare event when they have a story that hasn't been given a completely right-wing bias. I'm in on the suit if you wanna start it Al!

Al Franken "borrowed" someone else's THREE-word-phrase for a minor part of the subtitle of his book. Bill O'Reilly borrowed someone else's SIX-word-phrase when he published "THE GOOD, THE BAD, AND THE Completely Ridiculous" - a title the last third of which seems inadvertently autobiographical. Phil T. - keglined@earthlink.net

About seven years ago the venerable "National Audubon Society" which is the reknowned conservation, education and advocacy group with chapter all over the nation, and that dates back to the early 1900's, took the upstart "Audubon International" to court because "Audubon International" helped developers to develop golf courses that used pesticides and chemical fertilizers. The real "National Audubon Society" was horrified by this as it was antithetical to what the "National Audubon Society" stood for. By its literature "Audubon International" gave ordinary people the impression that they were like the real "National Audubon Society." But being stewards of the land and nature and anti-chemcial the "National Audubon Society" sued "Audubon International" for using the "Audubon" name. However, the court ruled against the "National Audubon Society" in its decision saying that "Audubon" was the name of a man (the great naturalist/orthinologist/painter) and that anyone could use the name "Audubon". This case is like that case. "Fair and Balanced" is a commonly used phrase, and therefore, anyone should be able to use it.

Barenaked Ladies' "One Week" also contains a product reference and slogan -- "Like Snickers [the candy bar], guaranteed to satisfy."

One further thought. The 1950's magazine, "Mad Magazine" (with Alfred E. Newman on the cover) used to do very funny take-offs. One that comes to mind was of Edgar Allen Poe's famous poem, "The Raven." They used the title from the actual poem, even some of the lines, and parodied the rest. Another, was the movie, "The Pride and the Passion" which they show in cartoon. One of the famous scenes in the movie was the pulling of the "cannon." In "Mad Magazines" cartoon there's caricatures of Sophia Loren and Cary Grant pulling the canon in one box, and in the next sequence they zoom in on a part of the cannon that bears the mark "Made in Japan" (In those days all the cheap gewgaws were stamped "Made in Japan")

Wait a minute--it's common parlance--"fair and balanced"--They can't have a copyright on that phrase. How can anyone, even a corporate entit,y claim a common phrase for themselves? It defies logic. It's just plain ludicrous. (Especially so as they are neither, anyway.) This is Orwellian. This is like the thought police.

The Lone Ranger and Tonto Fist-fight in Heaven, by Sherman Alexie

The reference to Andy Wharhol below got me thinking of people/fictional characters mentioned in song titles/lyrics, since so many celebrities (or the estates thereof) have trademarked their names and images (a la Elvis and Marilyn Monroe). Just off the top of my head: "Where have you gone, Joe DiMaggio" from Simon and Garfunkel's "Mrs. Robinson." (I once heard a story that DiMaggio tried to sue S&G--unsuccessfully--although this may well be apocryphal), "Lying in bed like Brian Wilson dead" from "Brian Wilson" by Barenaked Ladies, "Watching 'X-Files' with no light on/I hope the Smoking Man's in this one" (Ha! Another Fox show!!!) from "One Week," also by Barenaked Ladies...also from the same song: "Like Harrison Ford I'm getting frantic/Like Sting I'm tantric" Well, heck, the whole song is loaded with people and things...from LeAnn Rimes to Yoda. Then there's "David Duchovny" by Bree Sharp...I'm sure the list is endless...And oh hey, what about Jackie O's "Look" in "The House of Yes" with Parker Posey?

As a comment on the previous note, if Fox is really going to contend that they have a copyright on "fair and balanced" they open themselves to being identified as "the self-styled 'fair and balanced' network". Do they really think that will help their image?

I do not believe that Fox can copyright a common phrase like "fair and balanced" which is used as a standard criteria in countless journalism courses. If, in fact, they contend that they own the phrase, they put themselves in the comical position of saying that there programs are not truly fair and balanced but are merely called by that phrase.

I'm surprised some other Trekkie hasn't mentioned this earlier. Paramount has trademarked the word "Enterprise". Clearly this must cause problems for the US Navy which has a ship called "Enterprise" and, of course, NASA which had a shuttle called Enterprise. Furthermore, any number of books about economics and business use the word enterprise in their titles. Daria

A quick perusal of my bookshelves turned up the following two titles: "Soy la Avon Lady and other Stories," by Lorraine Lopez, and "A Breath of Fresh Air," by Amulya Malladi. Also, there was a case in Washington State about ten years ago when one of the big cereal manufacturers, General Mills, I think, sued a local steel drum band called The Toucans because the visual image of a toucan is used on packages of Fruit Loops. I think the suit was eventually dropped because of public ridicule. The band is still in business.

Stone Temple Pilots have a song called "Flies in the Vaseline" Also, U2 has a song named "One" as does Metallica. I'm told that songs often have the same one-word names. Does this mean bands can sue one another for copyright infringement?

I suppose I am ripe for an attack by all news media for recently publishing a novel called "A News Story." Allan Jefferys

Sounds like you, the editors or content managers at the Autors Guild are being 'political'. Your own words 'Granted the case may seem a bit silly, but there are serious legal issues at stake.' Which ones are you deeming serious? The legal right to defend a copy right? It's obvious that AuthorsGuild is taking sides in favour of your own political leanings. I am quite sure, if the shoe were on the other foot, you would be screaming bloody murder if you were in the position to defend your own copy right. Be brave, post some dissenting comments.

The Guild is a steadfast defender of copyright -- trademark is a different matter (see comment in left column dated Aug. 18). Only one remark has been removed: it contained a juvenile insult directed at others posting on the site.

Just Do It: The Nike Spirit in the Corporate World by Donald R. Katz (Paperback -- April 1995)

Sean Hannity, "Let Freedom Ring" - this is a book title that has been registered by at least one person: a windchime maker.

Ed and Ruth Radlauer thought they were the first to develop a three-level beginning-to-read series Ready, Get Set, Go. It's been done and done since then in various forms, but we felt we had no claim on the concept. Besides, I thought you could not copyright a title.

Maybe Burger King should go after the author of "On the Road with Poppa Whopper". :)

The band Elastica has a song called "Vaseline". Virgin Radio has a DJ who uses the name "Captain America".

Douglas Coupland didn't invent "Generation X": it was the name of a (not-very-good) British punk band of the late 70s. Maybe they would be able to sue him.

If songs count -- see "Kodachrome" -- the Doors's 1967 debut album includes the cut, "Twentieth Century Fox." Tony Chiu, New York City

I'm not sure that a trademark is the same as a copyright, for the purposes of this lawsuit. But if it is, Ruth Benedict (The Chrysanthemum and the Sword) could sue the author of The Chrysanthemum and the Bat (about Japanese pro baseball). I can't remember the author's exact name (Whitfield??) Amanda Mayer Stinchecum Brooklyn, NY

Naughty but Nice by: Jill Shalvis (Naughty, but nice was a slogan for Dairy Cream in the UK... coined by a young advertising exec by the name of Salman Rushdie, IIRC)

Gossip Girl: Because I'm Worth It by Cecily Von Ziegesar, Cecily Ziegesar, Cecily Von Ziegesar

I know that three books I have written or worked on could be added to this list. My most recent novel, "Paradise Alley," was also the name of a Sylvester Stallone movie of some years ago. The one I wrote before that, "Dreamland," was the name of an amusement park, albeit a defunct one. And I was the chief historical researcher on Harry Evans's "The American Century"—a widely used title, that seems to have come into the popular parlance thanks to Time founder Henry Luce. -Kevin Baker

Just a couple of things... http://www.poppets.co.uk/ http://www.foxs-biscuits.co.uk/ Especially note the date on the second logo. Obviously a certain news organisation is trying to pass itself off as one of two well respected UK confectionery businesses.

I believe Carl Hiaasen once wrote a book called "Team Rodent: How Disney Devours the World"

Cadillac Desert, by Marc Reisner (I'm assuming Cadillac was trademarked)

David Foster Wallace's novel *Infinite Jest*, set in the too-near future, is honeycombed with names of real products, especially via the conceit that corporations have bought the naming rights for years of the calendar. Dates in the book include references to, e.g., "The Year of The Trial-Size Dove Bar" and "The Year of the Depend Adult Undergarment."

Wouldn't almost anything by Weird Al Yankovic be germane to this?

Superman" is a registered trademark of DC Comics, so ... "Barry Bonds, Baseball Superman", "Man and Superman" - G.B. Shaw, "The Ascent of Superman" - G.B. Shaw, "Cliff Notes: Man and Superman", "Superman Supreme: Fascist Body As Political Icon-Global Fascism (Cass Studies--Sport in the Global Society.)", "The Superman Complex", " Breeding Superman: Nietzsche, Race and Eugenics in Edwardian and Interwar Britain (Studies in Social and Political Thought, 6)", " Hollywood Kryptonite: The Bulldog, the Lady, and the Death of Superman", "The End of Superman: And Other Short Stories", "The Superman Syndrome: Why the Information Age Threatens Your Future and What You Can Do About It", "Man into Superman", "The Nun, the Infidel & the Superman: The Remarkable Friendship of Dame Laurentia McLachlan with Sydney Cockerell, Bernard Shaw and Others", "Liberating Leaders from the Superman Syndrome", "Superman Doesn't Live Here Anymore: Drugs Are a Lie, Jesus is the Truth", "Who Do You Think You Are?: Man or Superman--The Genetic Controversy", "Bernard Shaw's Novels: Portraits of the Artist As Man and Superman", "Streisand Superman", "Character Analysis: Subman or Superman 1924", "The Superman Syndrome: Finding God's Strength Where You Least Expect It", "Portrait of the Artist As a Young Superman: A Study of Shaw's Novel", "Dannunzio: The Poet As Superman", "From Superman to Man", "Cult of the Superman", "From Headline Hunter to Superman", "Superman : the art and science of life management"...

any book of warhol paintings or pop art

I suppose the Bible should sue Hemingway for "The Sun Also Rises"; Shakespeare could sue Faulkner for "The Sound And The Fury". Not trademark violations, certainly, but examples that are akin to the Fox foolishness. There is nothing new under the sun. (Oops, now the Bible can sue me too.)

The Groucho Marx book referred to earlier is "The Groucho Letters: Letters from and to Groucho Marx ". By a stroke of good fortune, the Warner Brothers/ Night in Casa Blanca episode is recounted in the sample pages on Amazon.com.

All the News That's Fit to Sell : How the Market Transforms Information into News

"twoallbeefpattiesspecialsaucelettucecheese-picklesoniononasesameseedbun!" I found this trademark on the McDonald's site, along with trademarked sentences like "When the U.S. Wins You Win." and also, "Changing The Face of The World." I would understand the need to trademark Happy Meal or Big Mac, but how could they have been allowed to trademark "Changing the world" is beyond me. Scary, actually. Soon, everything will be trademarked and we will need to say: "Hello (trademarked by Joe Blow)."

How about Sharon Lovejoy's "Sunflower Houses: Garden Discoveries for Children of All Ages" (Intereweave, 1991) and Eve Bunting's "Sunflower House," a children's book in 1995 or so. Do a google or any book search for "sunflower house," singular or plural, and you won't find any written reference prior to Ms. Lovejoy's 1991 book. In 2001, it was reissued by Workman Publishing as "Sunflower Houses: Inspiration from the Garden-A Book for Children and Their Grown-Ups." Does Fox have a trademark or servicemark for "fair and balanced" under the book category? Would ANY consumer ever confuse the Fox News Network with Al Franken? Does Al Franken have a news network? Why doesn't Fox go after some real news instead of making news. I can't wait to read Al's new book, regardless of the title.

Let me understand this. Fox felt such phenomenal commitment to the concept of being fair and balanced that they trademarked the phrase, a phrase that was in common use long before Fox ever existed. Now, because they own the phrase, they propose to prove that they are the only ones who are fair and balanced, and they propose to do this by preventing a writer from using the phrase in the title of his book. That is not fair and balanced. Perhaps the powers that bestowed the trademark should look into having it rescinded.

My 1993 novel, WIRED, a thriller, shares the name with a popular magazine that started shortly afterwards. I decided to let it pass... Martha Randolph Carr

Cadillac Jukebox, by James Lee Burke

Chicken Soup for the Soul. The cover features the same red and white logo as a can of Campbell's. - Kathi Paton

How about Rolling Stone magazine? There's the song "Papa was a Rolling Stone" as well as the band, The Rolling Stones. Then there is the Tim Rice and Andrew Lloyd Webber musical "Jesus Christ Superstar". Can they sue Molly Shannon for her Mary Catherine Gallagher movie, "Superstar"?



'The Joy of Publishing"by Nate Bodian. Obviously the appropriation of a sexual reference. And, of course, "The Joy of Cooking," although I think Mrs. Rombauer pre-dated "The Joy of Sex," so there we have another possible lawsuit. Louise Weiss wiseword@juno.com

To underscore the lunacy of this whole trademark business, on McDonald's take-out bags you will find Smile™. Smile, for God's sakes! I think contemplation of this one alone should be enough to clear anyone's head regarding capitalism, greedy "Mine! Mine! Mine!" corporate proclivities and...good old-fashioned American idiocy.

"Penguin Soup for the Soul" by political cartoonist Tom Tomorrow is not a direct trademark "violation" but is (as Fox mainly contends re: Al Franken's book title) very, very, very similar to the trademarked "Chicken Soup for the Soul" self-help multimillion-sellers.

Did you know that the name of the rock band Kansas is a registered trademark? Now there's a BIG problem...I mean, there's an entire state that's in violation of that one.

How about "American Pie"? A certain rather infamous movie title that's, like, exactly the same as a certain rather famous song.

Danny Goldberg's "Dispatches From the Culture Wars: How the Left Lost Teen Spirit" is a double-whammy trademark-busting book title: it not only appropriates a portion of the title of Nirvana's best-known song, "Smells Like Teen Spirit," it also mentions the name of a certain well-known underarm deodorant.

"She's come undone" is actually the key lyric from a Guess Who song (correct title: "Undun"). And, of course, Jennifer Finney Boylan's new book "She's Not There" also gets its title from a 60s Top 40 hit (by the Zombies).

Some of these postings have to do with copyright, rather than trademark, issues. Copyright is generally not an issue in book titles. We will retain on this page those postings listing titles that include trademarks (even if some copyright matters are included). We will post the complete list at a separate Web page we've created -- the link "Complete" at top of this page. And we'll retain on this page a few items here that aren't trademark (see "Ash Wednesday," below), but seemed worth leaving here anyway.
-Authors Guild Staff


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 ___?

"Down and Out in the Magic Kingdom," a current novel by Cory Doctorow, about Disneylands in the future.
How about "Elvis, Jesus and Cocoa-Cola" by Kinky Friedman (Simon and Schuster, 1993)? --Eleanor Lerman

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

"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

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.)

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

Guild note: "Joy of Sex" may be one of those rare titles that achieved trademark status.

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)

"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


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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