Hello Fran, thanks for your reply,
Unfortunately my question does not concern copyright law, but trademark law as I've made clear. The page you have linked me to itself states clearly that the Copyright Office has no role in trademark affairs.
My question is whether or not a cease and desist demand can be made of an author of another work with a similar title and be enforceable. The demand has been made presumably because of an "unfair competition" part of the Lanham Act, despite my book looking completely different, having a different font for the EDEN title ( whereas the claimant's title is a logo, not a plain font ), different cover art, a different author ( obviously ) and differing storylines that do not conflict or affect each other's sales. As far as I can make out, the Lanham Act is being used to prevent me using the EDEN mark for a series of books, but the letter demands I cease using the word itself in any context, i.e, in videos, adverts, my web page and so on. This seems to be an excessive use of force, and a form of scare tactic as you have mentioned, in the manner of trademark trolls.
Can you please advise me on whether I should roll over for them, or ignore any further demands on the basis that it's a misuse of the trademark laws.
Hi,What I've found is that you cannot trademark a single title. So, if the other author has a book named Eden, that title cannot be trademarked and you cannot violate that trademark.If, on the other hand, an author has an entire series named Eden, then that name could be trademarked and your book title could violate that trademark. I do know that this sort of letter is a well-known racket. It seems like overkill to me too. There are no US Intellectual Property lawyers on this site, however. If you require a more in-depth analysis of your rights in this area, I'd recommend visiting JustAnswer.co.uk's sister site at JustAnswer.com and posting a question directly to US Intellectual property lawyers.