Writing Books/Trademark

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Question
Hi Sandy
I have a friend who has written a biography about a longtime friend of his. He has been threatened not to use this persons name because it has been trademarked. Is this possible and should my friend worry.  
         Thanks-Tim


Answer
Hi Tim,

Although the law varies from country to country, there is usually no problem with writing a biography as it is a legitimate art form. The subject of a biography does not have to agree with the project or like the content, and can only react with legal action if the book contains libel or defamation. No reasonable court in a democratic country would find against a writer simply on the grounds of so-called "trademark".

However, a writer always has to check the legal situation in their own country and certainly the publisher will.


All the best,

Sandy

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Sandy McCutcheon

Expertise

Author of 22 plays, 12 bestselling thrillers, a memoir and children's fiction.I can work with people on the process of writing, what to expect and ask for from an editor. How to work with the publisher`s marketing and publicity people. And how to survive book launches and publicity tours!

Experience

Published author of 22 plays, 12 bestselling thrillers, a young adult and three non-fiction titles. Visit his Moroccan blog at http://www.riadzany.blogspot.com for a look at his blogging work.

Education/Credentials
St Andrews, Helsinki University and other institutions. Adult Educator of the Year Award, Australia

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