Publishing laws and whether to sue

Hello,

I’ve been working on a book since 2009. I copy writ the title and the concept early on, around 2009.

In the past two months, a book by another author has been released that has a strikingly similar title, including concept and subtitle, to my book.

I’ve been promoting the writing of this book on several media outlets for several years. This person’s book was not initially mentioned until 2013.

Do I have a case for intellectual property infringement?

19 viewsintellectual property law

Alasdair Taylor's Answer

Assuming this is a question about English law, then you are unlikely to have a good copyright claim merely because someone has used a similar book title to yours in relation to a book with similar subject matter to your book. If the subtitle and the title are relatively substantial and original, however, and the copying is obvious, then you may have an argument. See:

http://www.harbottle.com/copyright-can-subsist-in-a-newspaper-headline-the-english-high-court-follows-infopaq/

In theory other IP rights might be engaged (eg registered trade marks) but there is not enough information in your description to say more.

NB In English law, copyright just subsists in relevant works – it is not something that you create by registration.

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