Bookshelf | Reports | Community | KDP Select

Home » Amazon KDP Support » Voice of the Author / Publisher » Voice of the Author / Publisher

Thread: Open mouth, Insert Title


Reply to this Thread Reply to this Thread Search Forum Search Forum Back to Thread List Back to Thread List

Permlink Replies: 15 - Pages: 2 [ 1 2 | Next ] - Last Post: Jun 27, 2012 8:20 PM Last Post By: theseashell
sbin59

Posts: 477
Registered: 01/16/12
Open mouth, Insert Title
Posted: Jun 26, 2012 11:17 AM
Click to report abuse...   Click to reply to this thread Reply
So I wrote a story about an erotic model and titled it Eye Candy. Now it's stuck in draft and I fear it will be rejected for the title. It turns out that Eye Candy is actually a real modeling agency! Why didn't I look this up before chosing that title? Has anyone else ever done something this stupid? I feel like such an idiot right now...
inyun

Posts: 5,850
Registered: 10/16/11
Re: Open mouth, Insert Title
Posted: Jun 26, 2012 11:43 AM   in response to: sbin59 in response to: sbin59
Click to report abuse...   Click to reply to this thread Reply
"It's all coming back to me now" is a title to a song and someone's book.

"Love at first bite" was a movie and title to many cook books.

So why should there be a problem? If they say change it, just add sub-title.

Cuz
sbin59

Posts: 477
Registered: 01/16/12
Re: Open mouth, Insert Title
Posted: Jun 26, 2012 11:46 AM   in response to: inyun in response to: inyun
Click to report abuse...   Click to reply to this thread Reply
Thanks. I am already thinking about having to do something like that. I don't know why else it would be in draft for so long. I started to panic and then looked up the title to see if that was the problem. That's when I found the model agency. Oh well, hinde sight... I just feel like such a dumb ass.
donnellpb

Posts: 2,166
Registered: 02/17/11
Re: Open mouth, Insert Title
Posted: Jun 26, 2012 11:52 AM   in response to: sbin59 in response to: sbin59
Click to report abuse...   Click to reply to this thread Reply
Hi Sbin59,

I had a similar situation where a nonfiction sales book of mine bumped up against one written by another author with the same title.

The other title was published after mine.

Regardless, the legal stance is that a title cannot be copyrighted.

As long as the other name isn't protected by trademark for a business, you should be able to use it with no issues.

Good luck with your book sales.

Patrick
sbin59

Posts: 477
Registered: 01/16/12
Re: Open mouth, Insert Title
Posted: Jun 26, 2012 11:56 AM   in response to: donnellpb in response to: donnellpb
Click to report abuse...   Click to reply to this thread Reply
Thanks Patrick. I'm not sure if the name is trademarked and I'm not opposed to changing it if I need to. I should have checked first. It's just the waiting and the feeling of stupidity that I'm kicking myself over. Gives new meaning to "live and learn".
theseashell

Posts: 72
Registered: 06/21/12
Re: Open mouth, Insert Title
Posted: Jun 26, 2012 12:09 PM   in response to: sbin59 in response to: sbin59
Click to report abuse...   Click to reply to this thread Reply
This is how you learn to do it better each time around... as Tavis Smiley says: "Fail upwards" (I think he wrote a book of the same title too)

The thing is.... you (they) can't copyright a title... a trademark may be a bit different.

But to me... it sounds like a great title... better than 50 Shades of Gray imho

Don't feel like an idiot though... how many times did Edison fail before he made a light bulb that lit up? Like Michael Jordan said: "I miss 100% of the shots I don't take."

And if anything, if the Modeling Agency comes after you, it may be great publicity... right? Right! Good press, bad press... what matters is that you're in the press.

If they're not talking about you... then you're failing. It doesn't matter that you have a competitive advantage if no one cares.

Best to keep learning how to do it better... ePublishing is a constant evolution... a constant upward spiral where we keep making better products.

Brian Shell
Author of 20 Kindle eBooks
donnellpb

Posts: 2,166
Registered: 02/17/11
Re: Open mouth, Insert Title
Posted: Jun 26, 2012 12:19 PM   in response to: sbin59 in response to: sbin59
Click to report abuse...   Click to reply to this thread Reply
Hi Sbin59,

Here is a link you can use to search trademarks.

Keep in mind that trademarks are specific and usually limited to one item type or industry type.

http://tess2.uspto.gov/bin/gate.exe?f=tess&state=4006:5guq3d.1.1

Good luck.

Patrick
sbin59

Posts: 477
Registered: 01/16/12
Re: Open mouth, Insert Title
Posted: Jun 26, 2012 1:01 PM   in response to: theseashell in response to: theseashell
Click to report abuse...   Click to reply to this thread Reply
Brian, thanks for your words of encouragement! I am a firm believer in learning from my mistakes and believe me I will not make this one again.

Partick, thanks for the link. I did a search and can't find a trademark for the title so I'm crossing my fingers that when Amazon decides to release the book from draft, I'll be good to go.

Thanks everyone for your encouragement! I know that mistakes are how we learn and grow but every once in a while my old self slips in and thinks it's the end of the world when I flub up. I couldn't afford mistakes growing up, they cost too much, and it has taken years of reprograming to get my head on straight, lol. Thanks again for all of your help!
sbin59

Posts: 477
Registered: 01/16/12
Re: Open mouth, Insert Title
Posted: Jun 26, 2012 3:03 PM   in response to: sbin59 in response to: sbin59
Click to report abuse...   Click to reply to this thread Reply
Yahooo! The book has now gone to "publishing" and I am a happy camper!
mollysnow

Posts: 1,009
Registered: 09/10/11
Re: Open mouth, Insert Title
Posted: Jun 26, 2012 5:16 PM   in response to: sbin59 in response to: sbin59
Click to report abuse...   Click to reply to this thread Reply
Keep the title and don't worry. It is a modeling agency, too? Not another book? No biggie :) Eye candy is a common reference, so share it. I wrote a story when I was 16 called BeSwitched. I worked on self-pubbing it when I was 23. Someone from a major publisher came out with a book with the same title soon after. Oh well :) I re-released BeSwitched with a new cover and did the e-book thing and guess who re-released their book? Yep, the author of the other "Beswitched." I figured, their marketing would help my marketing... hehehe. Now I have a whole BeSwitched series and wouldn't trade the titles ever.
lsburton337

Posts: 971
Registered: 10/29/11
Re: Open mouth, Insert Title
Posted: Jun 26, 2012 6:53 PM   in response to: sbin59 in response to: sbin59
Click to report abuse...   Click to reply to this thread Reply
How about changing the title to "I, candy." :D


Editing Service: http://www.oceansedgeediting.com/
Amazon: http://www.amazon.com/dp/B0060BJ202
Twitter: @PaperSeraglio
sbin59

Posts: 477
Registered: 01/16/12
Re: Open mouth, Insert Title
Posted: Jun 26, 2012 9:09 PM   in response to: lsburton337 in response to: lsburton337
Click to report abuse...   Click to reply to this thread Reply
Thanks again guys. The book is live now. I had to end up republishing. Amazon just wanted to make sure that I actually owned the rights to the book. All is well.
mchelgrif

Posts: 218
Registered: 12/24/11
Re: Open mouth, Insert Title
Posted: Jun 27, 2012 9:22 AM   in response to: sbin59 in response to: sbin59
Click to report abuse...   Click to reply to this thread Reply
No copyright on titles, so go for it. Besides, if someone's looking up that agency and sees your book, they may decide to check it out.
indietmaried

Posts: 398
Registered: 06/20/12
Re: Open mouth, Insert Title
Posted: Jun 27, 2012 9:27 AM   in response to: sbin59 in response to: sbin59
Click to report abuse...   Click to reply to this thread Reply
I have never heard of that model agency - or the theme to your book! So I bet you will be ok. Perhaps you can add to your acknowledgement section that this story has nothing to do with the agency. lol

http://www.amazon.com/Trish-Marie-Dawson/e/B008CQGASU
sbin59

Posts: 477
Registered: 01/16/12
Re: Open mouth, Insert Title
Posted: Jun 27, 2012 10:11 AM   in response to: indietmaried in response to: indietmaried
Click to report abuse...   Click to reply to this thread Reply
If you Google "Eye Candy" several things come up, including the modeling agency. I'm assuming that it was because of the similarities that the book got held up. As I stated above, all I had to do was verify my rights to publish. The noids are angry, but I can go on with my life. (I won't be strapped to a witness stand, forced to look at erotic photos until my eyes bleed, and have to write 10 million times, "I will not publish before researching my title!" :) As you can see, I have a very active imagination.)
Legend
Helpful Answer
Correct Answer

Point your RSS reader here for a feed of the latest messages in all forums