Sarah Palin Going Rouge - The Art of the Prank

Three books about Sarah Palin will be released on November 17, 2009 — one, Going Rogue: An American Life by her and two, Going Rouge from OR Books and Going Rouge: The Sarah Palin Rogue Coloring & Activity Book, about her.

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According to Ned Himmelrich, head of the intellectual property department at law firm Gordon Feinblatt:

Titles of books cannot be protected as trademarks (a clear rule); trademark protection does not accrue until the mark is used (no sales yet); both books would be “in use” on the first day (Palin cannot claim first use); “Trade dress” does not exist unless the graphics are inherently distinctive (doubtful) or well recognized (too soon); and the “Nightmare” title may even be a valid parody (a good defense). Each of these theories has a countervailing argument, but on each, the legal arguments might be a nightmare for Palin.

thanks Erin

Spoof biographies look to spoil Sarah Palin’s book launch, Guardian.co.uk, October 21, 2009

Attention, Sarah Palin bashers: Lookalike book ‘Going Rouge’ is coming!