Legal Question in Intellectual Property in Florida

Comic Book Trademark/Copywright

I'm creating a comic book and need to know what laws govern my titling of the book. Firstly, would it be considered trademark infringement to title my book if a website exists with the same name? They are different goods, and any future website I would create for my comic book would have a different name. Secondly, if it is not considered trademark infringement to use a title which is used by a website, what would happen if I decided to sell t-shirts or merchendise with the same title, specifically if the website sells these products with the company name on them.

Asked on 10/17/07, 12:54 pm

1 Answer from Attorneys

Alan Wagner Wagner, Vaughan & McLaughlin, P.A.
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Re: Comic Book Trademark/Copywright

My memory is that titles are not subject to copyright, but that does not mean that you can use a title that would confuse others -- that would probably subject you to a different lieability altogether.

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10/21/07, 11:36 am

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