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I plan to establish a "Doing Business As" name for my self-publishing

enterprise. How can I be...
I plan to establish a "Doing Business As" name for my self-publishing enterprise. How can I be sure I'm not infringing on someone already using a similar name? A Google search reveals that another publishing group already has part of the name I want but not in its entirety. Also a novel exists with part of my name. Could they make me cease & desist?
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Answered in 1 minute by:
9/12/2013
Robert McEwen, Esq.
Category: Intellectual Property Law
Satisfied Customers: 17,482
Experience: Licensed Texas General Practice Attorney
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Robert McEwen, Esq. :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

Robert McEwen, Esq. :

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

Robert McEwen, Esq. :

You can also do a search to name availability in Ohio: www.sos.state.oh.us/SOS/Businesses/businessServices.aspx

Robert McEwen, Esq. :

The main one is the first link, as that would show you if there's any registered trademark using that name.

Robert McEwen, Esq. :

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.

Robert McEwen, Esq. :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate this answer either a 3, 4, or 5 (good or better). Please note that I do not get any credit for this answer unless and until you rate it that way. Thank you, XXXXX XXXXX good luck to you!

Robert McEwen, Esq. :

Did you have any other questions before you rate this answer?

Robert McEwen, Esq. :

Should I continue to await your response, or may I assist the other customers that are waiting?

Robert McEwen, Esq. :

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, XXXXX XXXXX luck to you!

Robert McEwen, Esq.
Category: Intellectual Property Law
Satisfied Customers: 17,482
Experience: Licensed Texas General Practice Attorney
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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