Copyright - Use IP Name for Book Series Outside AU?

[Tal Kuz]

Hi,

I'm an indie author and I'm writing a new series that would take place in an imaginary universe called 'Nanoverse' (the name would appear on each book I'll release).

I noticed there's an Australian brand of toys by that name. Would it be an IP violation to use that name in my books under copyright law? (which 80% sales are in the US, and less than a fraction of a percentage sells in AU)

Thanks!

 

[Scruff]

I noticed there's an Australian brand of toys by that name. Would it be an IP violation to use that name in my books?

More than likely yes, particularly if your books are aimed at children.

Given that we have a book series and a toy line using the same name, people could very easily think that the two are somehow connected.

It is also worth noting:
1. Nanoverse toys appear to officially distributed by "cororific" - a very well known name in itself.
2. There is a company in Finland called "Nanoverse Ltd Oy".
3. There was an international trademark of the word "nanoverse" up until late 2017 (it hasn't been renewed since then and looking at the design, doesn't appear to be related to #1 or #2 above).

So it looks like there may be at least three different "brands" already using the name. You're biggest problem is obviously the toy line because there may be a similar target market and demographic.

I therefore strongly recommend that you choose another name. The risk of sticking with this one is simply too high.

 

[Tal Kuz]

Bummer, thanks a lot for your quick reply!

 

[Scruff]

You're welcome. You have the foresight to check things out beforehand, so I'm sure you'll come up with something clever before too long that won't cause any issues.

Best of luck with the books.