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Areas of Interest
August 31st, 2011
eBook Scams
The rise of eReader devices and eReader marketplaces provides more and more opportunities for online self-publishers. While these technologies have given a myriad of authors the joy and remuneration of publishing their work, they have also led to modern abuses – abuses that affect intellectual property owners and consumers alike.
First, because the barriers to uploading manuscripts through self-publishing programs are low, some self-publishers have deployed automatically generated content (e.g., pages of HTML code), Web-collected content (e.g., Wikipedia.com pages), or altogether fake content (paragraphs pulled together seemingly at random), and uploaded these as eBooks for sale. Scam self-publishers receive royalties, use multiple identities to manipulate their “book” reviews, and move their “books” to other eBook stores if they are revealed.
Second, scam self-publishers often misuse, dilute, and infringe trademarks, rip-off trade dress, and violate copyrights. Additionally, the way eBook stores sell their eBooks makes it more likely consumers will be confused by a scammer or infringer. That is because eBook titles are searchable and displayed next to authorized books in search results. Thus, buyers who see an unauthorized eBook for sale right next to an official eBook may not know the unauthorized book is a fake that has misappropriated the good will of the author for whom they were searching. This practice can significantly impact sales figures, brand equity, and even the ability to bring certain copyright claims.
While some eBook sellers have recently claimed to crack down on these problems, we continue to see them affecting our clients. We recommend authors and publishers self-monitor eBook stores and bring any concerns to our attention.
If you have any questions regarding this alert, or about other trademark matters, please contact Rachel Kronman at (212) 705 4855 or rkronman@fkks.com, Mary Sotis at (212) 705 4878 or msotis@fkks.com, or any other member of the Frankfurt Kurnit Trademark Group.
Other Entertainment Law Alerts
New California Law Restricts Use of Words “Purchase” & “Buy” for Licensed Digital Goods
On September 24, Gov. Gavin Newsom signed into law AB 2426 (effective Jan. 1, 2025), a consumer protection bill that expands the scope of false advertising in California. In short, AB 2426 prohibits interactive entertainment and digital media companies from using words like “buy,” “purchase,” or any other words that indicate unrestricted ownership over digital goods. Violators may face injunctions and civil penalties imposed by California regulators or civil claims from individuals with proper standing. Read more.
October 3 2024
Major Studios and Guilds Forge New COVID-19 Production Safety Agreement
As production begins to restart in an ever changing COVID-19 landscape, The Alliance of Motion Picture and Television Producers (AMPTP) and other major studios announced an important deal with the DGA, IATSE, Teamsters, Basic Crafts, and SAG-AFTRA -- meant to ensure the safety and security of their members during the upcoming months. Read more.
September 22 2020
New York City Reopens for Film and Television Production
On July 17, 2020 NYC Mayor Bill de Blasio announced that, with the City entering Phase Four of Reopening on Monday July 20th, 2020, film and television production in the City can restart again in earnest. Read more.
July 21 2020
