Is it trademark infringement to use name in history book title?

[Kyl]

I am writing a history book about a video game company and a character they invented, I am coming up with title names like The History of Sega and Sonic the Hedgehog. I am wondering if this would be trademark infringement or is it considered fair use?

From my research I would consider it fair use, I know that unofficial video game strategy makers use the Trademarks of game titles in their own books, so I think this would not be different. I am not competing against the video game company, nor am I making a game and I think the history book would fall under the fair use categories of: educational, news reporting and research reference materials.

My only problems is I can't find any cases to confirm this.

[AFFA]

I wish to inform you that you can be held liable for violation of trademark if you are using trademark word or symbol on your product. It will not be considered a violation if you are making a reference. In history book of video game if you are making a reference then you are just containing information and an ordinary person knows that you are not having trademark.

AFF

[Lexus]

Fair use may not apply if the purpose is to profit from use of the work, as may be the case in the context of fundraising by a commercial organization.

[Kyl]

Originally Posted by AFFA I wish to inform you that you can be held liable for violation of trademark if you are using trademark word or symbol on your product. It will not be considered a violation if you are making a reference. In history book of video game if you are making a reference then you are just containing information and an ordinary person knows that you are not having trademark. AFF

I am confused, first you said that I can be held liable if I use a trademarked word or symbol on my product. Then you said it will not be a violation if I may a reference. Does a title of The History of Sonic the Hedgehog constitute a reference? If not how do video game strategy guide writers get away with a title of Sonic the Hedgehog Strategy Guide?

Originally Posted by Lexus Fair use may not apply if the purpose is to profit from use of the work, as may be the case in the context of fundraising by a commercial organization.

Again how do companies that make strategy guides for profit get away with using the name in the title of the book.

[Franklin]

Put the whole book in a bit wider context and you should be fine. You can write abut the history of a product, but when you also compare it to another product, you are then putting both products into a "reference" category, thus making sure you're safe legally and putting the history of the product in a more "thorough light" as it were.

[opara]

I wish to tell you that you can be organised responsible for abuse of signature if you are using signature term or icon on your item. It will not be regarded a abuse if you are creating a referrals. In record publication of movie gaming if you are creating a referrals then you are just containing details and an common person knows that you are not having signature.