Recently, I was contacted by a lawyer regarding the sell of my twitter name and Zazzle store account name to his client (for anonymity purposes, I'll call it "blueMoon.") Monetarily, it's a decent deal however they're claiming copyright and trademark rights to "blueMoon" and explained that I can't use it. She uses "blueMoon" as an online game while my use of "blueMoon" is for film/tv production. Do I have the right to still use "blueMoon" if I sell the accounts to them and add the word "films" to it? So my new Twitter account would be "blueMoonFilms"? Also, I'm not actually sure if Twitter accounts are the sole property of an individual, so is this legal?
This is perfectly legal -- you are not selling a twitter account you are simply agreeing not to use a particular name on twitter for the payment of a fee (these negotiations happen all the time with domain names on the internet and so this twitter negotation is an offshoot of modern technology). Regarding your question about whether or not you can still have an account with "BlueMoonFilms" -- if you sell the name bluemoon to the online game people, then they may object to your use of the bluemoon films name as being too close to an already copyrighted and trademarked company insignia / logo -- if you are in actual negotiations with the lawyer for this company you can actually negotiate this point with them and put into your contract exactly what they want to use and exactly what you want to continue to use regarding that particular name. If it is a decent deal as you say, then you may want to speak to a local copyright/trademark attorney to assist you with your negotiations regarding what you are permitted to use in the future that has to do with this particular name and the terms of the actual settlement contract that they will want you to sign if you come to an overall agreement with them. There can be no real substitute for at least having an attorney look over the final agreement that you have negotiated with them so you know where you stand and you will get what you actually agreed to receive for giving up the rights to this name completely or almost completely. To find a competent copyright/trademark attorney in your area you should contact your local county bar association - you can find them online or in the yellow pages -- they have an attorney referral service and they can give you the names of several specialists in your area who handle these types of contracts and cases.
Please let me know if you have further questions.
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So basically, I can add a provision allowing me the use of "blue Moon Films" upon the sale?
Hello again --
Absolutely ! If you have the written contract and are negotiating with them you should add this provision into the contract and then see if they have any problems or issues with it. Everything is negotiable in these matters and it is probably better to know now whether or not they will have any problems with your use of that exact name in the future after you sign the contract and they pay you for the name.
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