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trademark infringement?

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Moondancer

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Came across a situation the last few days that had me wondering...This is not web related but thought it might fall under intellectual property.
This is about books and entertainment.

There is this person who wrote a book and intitled it the same name as a popular reality TV show that aired on the Fox networks, albeit with a different spelling of one word... The book's story is in no way related to the show either but using that name kind of struck me as off... like the fellow was trying to capitalize on a known name to sell more books than he would otherwise.

I know next to nothing about trademark infringement, etc. so I thought I would put this up for the legal gurus hanging around.
 
You only really infringe on trademarks if you create a product that is likely to cause confusion on cause financial/reputational damage to the trademark owner.

Clearly as the book was spelled in another manner and was associated in no way to the trademark.. Then they would be hard pushed to file a case unless they could prove that the author used the trademark for financial gain, which goes back to the point of causing confusion..
 
Darn it... that's what I figured but I could hope, right? Thanks, brandstrand.
 
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