I found this mistake with a new client’s previously published work and had to take her book out of circulation. Although it’s a commonly made mistake, if discovered, the penalties levied against an author can be so steep that it completely shuts down the entire brand.
If you are an author (especially self-published), blogger, contributing writer, business owner (especially small) or online professional, please familiarize yourself with trademark infringement. Take the additional step to consult a trademark attorney for legal advice as it pertains to your brand and business. Ignorance is no excuse of the law, but it is also VERY COSTLY.
Trademark infringement is “the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.”-USPTO (United States Patent and Trademark Office, ” About Trademark Infringement”
My client made the mistake of using a brand’s image in her book as well as using the name of a well known public figure as one of her book’s characters. This is a no-no. Beside the legal ramifications, if you want to extend your reach beyond a single book, one act of copyright infringement can turn-off credible traditional publishers, movie agents, movie studios or even a speaker’s bureau.
Fortunately, she’s now a Fruition Publishing Concierge Services’ client so we have her covered. What about you? Do you need us to do an audit review of your previous works to ensure that you are not guilty of this or similar infractions? This is one of the things our company does best.
Contact us today and make sure your work is protected and your brand is in compliance.