If I own the trademark for an established and popular series of books titled "Little Creatures", do I have a reasonable case to sue the author that creates a book series titled "Big World for Little Creatures"?
If not, what would be the minimal threshold for such a suit? If so, what kind of experience would I look for in an attorney?
Hard to tell how strong a case this would be. Realize that trademark litigation often involves extensive legal work and expensive expert witnesses, none of which you have a good chance of recovering, so you need to be able to finance this litigation.
Trademark litigation, like most litigation, starts with a demand letter. But since this can trigger a lawsuit for declaratory relief, you need to be very careful about issuing any threats.The 1st thing to do is consult a trademark litigator to analyze your trademark and theirs, to see who registered and is using what as of when, and to examine evidence about the marks' respective consumers and any actual confusion between the marks. You might want to try a TTAB cancellation procedure, as opposed to federal court litigation, depending on what you want to accomplish..
Your 1st steps are to identify and interview several lawyers to find a good fit.
Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments.
There would have to be more because the title to a single creative work is not afforded trademark protection so the question is going to be whether their use of this title in light of your series was misleading. Given the descriptive nature of the titles in question this might be very hard to prove out.
Before you respond in any way, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed with the law firm of Natoli-Legal, LLC on the basis of this posting.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline