Legal Question in Intellectual Property in California

Is it considered trademark and/or copyright infringement if I used the title of a popular book and movie in a screenplay title? It is not a parody. The title of the screenplay references the aforementioned book and movie name. For clarity the screenplay title is: "Before she was "BOOK AND MOVIE TITLE"... she was "HER REAL NAME HERE". The screenplay is the true story of this well know person. I have gotten permission from the estate for use and likeness, along with name. However this specific book title name is owned by another 3rd party.

Thoughts?


Asked on 6/04/12, 6:01 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'd think it depends upon whether "BOOK AND MOVIE TITLE" is generic; I'd also say the likelihood of a suit, whether you'd win it or not, would be sufficiently high to warrant taking the matter to an IP attorney with whom you can discuss the actual name and concepts such as whether this is fair use, whether the name is generic, and the like.

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Answered on 6/05/12, 9:14 am


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