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Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3406
Experience:  Experienced in intellectual property law
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I authored a book called "A Dog's Life Diet" which contains

Customer Question

I authored a book called "A Dog's Life Diet" which contains health advice and recipes for dogs. Someone has created and Instagram site that is called A Dog's Life Diet and is publishing their own recipes. Is this person in violation of copyright laws?
Thank you,
Ellen Tomy
Submitted: 5 months ago.
Category: Intellectual Property Law
Expert:  Alex Reese replied 5 months ago.
Hello. No, because copyright protects creative writing, but not titles, slogans or phrases. A title or phrase like that could be protected under Trademark law but in this case TM law will likely not prevent their use of the phrase because it is descriptive and it is uncertain whether there is any likelihood of consumer confusion (which is the main element of TM infringement). Book titles are generally not trademarks, more is needed, but I suggest you consult a TM attorney about possibly getting TM protection, but you will face a rejection by the PTO that the mark is "merely descriptive" of the goods/services being offered...that is the main issue preventing TM protection.

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