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I set up a website and training with the name “The Art of Making Friends” I am also thinking of selling DVD under the same name.

It turned out that it has the same as a book (not mine of course): Networking: The Art of Making Friends.

1) Would it be a problem for me?

2) As an alternative.. what if I select a trivial name like “How to make friends” that anyone can use ?

Thank you

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At least, I saw some books with the same name but from different authors. If there is no TM on the name, you are probably safe to use that domain name. – Ross Dec 5 '10 at 9:34

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I am not a lawyer, but there should be no problem having a website or a blog with the title "The Art of Making Friends". There should also be no problem publishing a book or DVD with the same title. See this link.

That said, in America at least, anyone can sue anyone else for any reason, even if there is no legal basis. If might not hurt to approach the original author and try to become friends before you try to publish something with the same title. If they know who you are then they might not take it personal.

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You can't prevent people from suing you, but you can ask first(good idea) and then take precautions in case it goes to court, try not to lose. – JeffO Dec 4 '10 at 12:39
up vote 1 down vote

Unless it's a trade mark, you are safe. It's not lengthly or "different" enough to be protected by the copyright.

So unless you want to be unique and avoid confusion that may affect you as well, you can keep the name.

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is right, but likely its a TM. If not you are golden, because the book will get you some free buzz. Try to capitalize on that. – Frank Dec 5 '10 at 1:18
No it's not. I just checked – user3997 Dec 5 '10 at 6:18
Im a Jackass, but if the book is truly successful i would use the site to write a very negative review of it, then wait for the publisher to pay to have the site removed. If the book is not a big deal, then proceed ahead. Overall good news. – Frank Dec 5 '10 at 17:18
Yes, you are a jackass – TimJ♦ Feb 15 '12 at 3:08

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