Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
Hello, I will be assisting you
short phrases cannot be copyrighted. Do you mean that you would like to trademark?
This would be the name of my business, website (have checked and it's available) and all other online presence, and possible print products, such as books, journals, etc.
So to confirm the two word combination you want to use is already used in other contexts?
can you briefly describe the general nature of your business?
when will you be up and running?
The two-word combo is part of existing copyrighted materials much like the example I provided. The business is that of providing information. Up ASAP.
Would defining my geographic area be advisable? So, if there is a Women's Survey of NY, I could say Women's Survey of the South...does it make a difference as far as not stepping on IP toes?
as noted short phrases cannot be copyrighted. Do you mean that the two word combo is part of more extensive work such as a brochure, booklet, report, book etc.
No, it would be the title.
so the title of the work contains the two word-combo
Yes. Are you saying I can't copyright a two word title?
The title would be applied to a variety of media, both print and online.
that is correct. you cannot copyright a two word phrase however you can trademark it. However trademarking is subject to a whole different set of regulations and business realities
what is that you are trying to do?
(or to protect?)
First I want to publish a website and I'd like to 1) protect the name, and 2) use two words that are part of other people's publications w/o getting sued.
When I say "part of other people's publications" I'm referring to the name of their publications.
1) you would need to trademark the name to protect it as the business's
2) is a little bit more complex: let me explain
So, are any of the free trademark search services on the Net reliable?
2) if you or the the authors of the published works are using the two word combo as a means to identify the articles as opposed to simply using the words for their content then trademark law would apply
Yes, we would be using the two word combo to identify our website, articles, etc.
however if the two word combo is used just for their content (for example women's survey is used to describe women's survey as opposed to identifying an author that is known for women's surveys) then you would be able to freely use women's surveys
Thanks for helping me think this through. I am actually looking to create a brand. I'd like to have the site up and running asap. What I'm getting from this is: As long as I have some content, then I can copyright it. But I still need to know whether or not somebody can sue me for using part of their name...what is the law when it comes to that?
Sounds like I need to do a trademark search, even though a copyright search for my phrase does not reveal an identical title.
you are correct
trademarking is what you need to focus on
Thank you for allowing me to assist you
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OK. Thanks for your help. Any parting thoughts as to a website that contains the info I need?
USPTO.gov has the trademark database where you can search
Please rate. Without your rating I do not get compensated for my work
a bonus is always appreciated
I understand. Thanks much.
The end of the session left me hanging. I was waiting for a payment confirmation.
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