I think it is unlikely. As latepaul says, there is the fact that copyright does not cover ideas, only their expression. Copyright only comes into effect when that expression takes form, and a table of contents is, almost by definition, an incomplete expression of the idea.
But a lot of this stuff will vary with time and place. This article from Wikipedia
Threshold of originality (which relates to what Cinisajoy was saying) demonstrates some of the vagaries of copyright, showing that in borderline cases the only way to find out would be to take it to court.
Which leaves the final point. Copyright is only much good to you if you have the resources to contest it when violated. In cases where the violation is blatant and the violator has made money the chances are you'd find someone to help you take it on. But in borderline cases, where the outcome is uncertain, you'd probably be on your own and it could get very expensive.