Book series trademark/copyright infringement?

[happywriter]

I am writing a children's book and it is going to be a series. I have designed characters with the help of an illustrator however I have been told my series name might infringe on trademark of name of a toy from years ago.

My planned series name is The Wibble Wobble People.

People have said this could cause me problems with Hasbro because of their toys the weebles as they are sometimes unofficially referred to as 'the weeble wobbles'.

Can anyone tell me if these people are right? I was of the understanding they are a totally different name, and my characters look nothing like the weebles toys. They have arms and legs and it's really only a name, there are no references to wobbling or wobbling in the book.

I am in a bit of a pickle, I honestly can't see the issue myself.

The advert for the Hasbro toy contained the phrasing "the weebles wobble, but they won't fall down" (sic), so I can very much understand the contents given to you that it will cause copyright issues, regardless whether your characters resemble the aforementioned toy line.

Also, I am a 90s child and know the reference so would reckon a lot of other people would too that have young children (I.e. your target audience).

My honest advice would be to alter the name, you won't win against Hasbro on this...

I definitely thought of the Weebles. 🥚

Thank you. Would 'Adventures In Wobbleland' make you think of the weebles?

If there is no reference to wobbling in the stories, how have you come to the name.

@Lonecatwithkitten

If there is no reference to wobbling in the stories, how have you come to the name.

The characters are jelly shaped (with arms, legs, faces, etc) and there are references to them going splat if they fall a few times. There is no wobbling throughout the story.

It was really more just a name for the series that came into my head.

So, in the nicest possible way, if you have an agent and a publisher, then they will pick this one up for you. That’s their job!

If you’re self-publishing, then Hasbro are unlikely to care.

I’d steer clear of Adventures in Wobbleland, for obvious reasons (suggests just another Alice spin-off). How similar are your characters to weebles? If they’re similar then, yes, perhaps consider another title. If they’re not identical, then I reckon crack on with it. Think about all the fan fiction which is out there. It’s quite the battle to prove something is a complete copy- and, in this case, it looks like it’s genuinely not!

Adventures in Wobbleland is worse not better for being similar to other people's work!

I've never. The weebles referred to as the weeble wobbles

Wibble wobble makes me think of jelly not weebles.

That should say I've never heard...

@Curioushorse

So, in the nicest possible way, if you have an agent and a publisher, then they will pick this one up for you. That’s their job!

If you’re self-publishing, then Hasbro are unlikely to care.

I’d steer clear of Adventures in Wobbleland, for obvious reasons (suggests just another Alice spin-off). How similar are your characters to weebles? If they’re similar then, yes, perhaps consider another title. If they’re not identical, then I reckon crack on with it. Think about all the fan fiction which is out there. It’s quite the battle to prove something is a complete copy- and, in this case, it looks like it’s genuinely not!

Thank you.

@WhatWouldPhyllisCraneDo

I've never. The weebles referred to as the weeble wobbles

Wibble wobble makes me think of jelly not weebles.

That's what I originally thought, that it sounded more like jelly than the weebles, however lots of people seem to think of the weebles it seems.

I think I will drop Adventures in Wobbleland, it was just a passing idea.

Forget Wibble as well. Blackadder made that mean something else.

@LemonTT

Forget Wibble as well. Blackadder made that mean something else.

How has a word used by Blackadder in the 1980s got anything at all to do with naming a children's book? This is getting ridiculous now.

You need to remember that your target audience is also the parents of these children, as they'll be the ones purchasing the books. And that means that these references that you deem so "ridiculous" are actually very relevant to them

Contact Hasbro and ask if this infringes copyright. Better to sort this out immediately rather than get a shock further down the road.

I know blackadder and never thought of him when you says wobble. Agree ridiculous

Wobble bobble people?

Don’t contact Hasbro. They’ll just say “yes there’s an issue”.

Flag your worries and let your publisher deal with this. It’s literally their job.

@OhShitShit

Don’t contact Hasbro. They’ll just say “yes there’s an issue”.

Flag your worries and let your publisher deal with this. It’s literally their job.

Yes it's their job and hopefully they will contact Hasbro if there is a potential issue, or be able to reassure her it isn't an issue. What is the point of committing to a print run, book titles etc and then have it blow up because you haven't checked copyright?

I work in a somewhat loosely linked area to this, and I wouldn’t recommend taking on Hasbro.

For a start, they’ll have lawyers who are charged with enforcing their copyrights, as you lose them if you don’t...

And secondly, it’ll cost them a lot less to deal with this than it’d cost you to defend.

If people are telling you that it’s too similar, presumably including your publisher, you need to take that on board.

Best of luck with your books! It’s an awesome thing to have done.

Thank you everyone. I should have mentioned in my post that I am self publishing so I don't have a publisher therefore it is wholly my responsibility.

I have got legal advice and they said it is one of these grey areas. I have decided to work on another series name. I would like to still focus on the 'wobble' aspect given the characters look like they are formed of jelly. Any suggestions welcome? . Anything with jelly in it will sound likd the jelly babies so everywhere I turn I am hit with a potential comparison

I am thinking of focussing on a 'Tales From ....' type of name but it is so hard thinking of something. I had the name all ready long before I wrote the story and the characters designed so this has really thrown me

What the legal advisor told me is if I did get approached by somewhere claiming copyright or trademark it would likely be a cease and desist letter I'd receive in the first instance which would mean I'd need to take off the books from public sale and change name. She said I'd be unlikely to be sued or go to court as long as I co operate.

I've had the cease and desist letter lol!
Good luck with the name, and try to avoid anything that could be mixed up with the Wombles of wimbledon common :-)

As you describe them as jelly like - how about a name/s starting with J - the Jolly Jelly Jibblers...... The Jibble Jollies....

Yes, it's late, I'll go to bed.... but good luck 💐

"Wobble bobble" mentioned above could also be "wobbly bobbly".

In that turn "wibble wobble" could also be "wibbly wobbly"