Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
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The first thing that you would want to do is do a TESS trademark search (through the US Patent and Trademark Office): DANGEROUS URL REMOVED?f=tess&state=4806:p6gonm.1.1
You can also do a search to name availability in Ohio: www.sos.state.oh.us/SOS/Businesses/businessServices.aspx
The main one is the first link, as that would show you if there's any registered trademark using that name.
Because names of books, movies, etc... generally are not copyrightable (but could be trademarkable) then the use of a novel in and of itself is not actionable, but it could be something that's trademarked. For instance, there have been 49 different trademarks issued for various iterations of "Jurassic Park". 15 for various iterations of "Da Vinci Code". And so on... So while copyright is not an issue, and the mere fact that you use a book title is not an issue, the book's title could be trademarked. So you would want to look at the first link to make certain. If you can't find any business using that name as a trademark, then it would be almost impossible to bring any infringement action against you.
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