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April 20, 2005

titles

Cynthia asked:
I was at a library paperback sale and I came across this book called "Into the Wilderness" by Rosanne Bittner published in 2002 by Tom Doherty Asso. Books. Is that possible? Same type of story too. I bought it...sorry 20 cents......takes place in 1750s in Allegheny mountains in Pennsylvania and this girl is saved from the indians by a darkly attractive hunter (their words).....weird....do you know about this?
You can't copyright a title, and thus they do get recycled. I don't think any publisher would allow a title like Gone with the Wind -- something so clearly and obviously associated with a book that has achieved legendary status (deservedly or not; The DaVinci Code won't be resued for a long time, either). You might remember that Thunder at Twilight was the title I wanted for the fourth book in the Wilderness series, but I was overruled by my publisher, who preferred Fire Along the Sky. You'll note, if you look up Fire Along the Sky, that there's another novel -- out of print -- with that title, by Robert Moss. So it does happen.

And yes, I was aware of Rosanne Bittner's novel in 2002, but again: there's nothing to stop a title being reused. It might not even have been her choice. Publishers have the last say about titles in most cases. Before you ask: I haven't read it.

April 20, 2005 10:50 AM

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Comments

Sara,

I had trouble a few years ago with my business name. It shall remain nameless. Someone else in my line of business was calling her stuff by the same name. Some of my clients were indeed confused because this other woman and I were at the same trade shows. I came to find out through the trademark office www.uspto.gov that there was a gay cafe and bookstore in Chico CA AND a restaurant in Seattle also using the same name. It is a figure of speech that cannot be trademarked. Anyway $1000 later the woman did cease and desist. All of us having to more claim that the other. Live and learn.
Cynthia in Florida

Posted by: Cynthia at April 21, 2005 02:36 PM

no more claim

Posted by: Cynthia at April 21, 2005 05:31 PM

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