Intellectual Property Law

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The name I want to copyright is two words long. Titles that

contain those words are already...
The name I want to copyright is two words long. Titles that contain those words are already copyrighted. Example - Women's Survey, as compared to Women's Survey of NY or International Women's Survey. In this example, my Women's Survey is in the south and I could specify that, but would rather leave it open in case I want to expand the idea later. Am I in jeopardy if I use only the two words?
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Answered in 5 minutes by:
6/11/2013
BizIPEsq.
BizIPEsq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 996
Experience: I am a tech attorney and I represent clients with technology, internet and intellectual property matters
Verified

BizIPEsq. :

Hello, I will be assisting you

BizIPEsq. :

short phrases cannot be copyrighted. Do you mean that you would like to trademark?

Customer:

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.

BizIPEsq. :

So to confirm the two word combination you want to use is already used in other contexts?

BizIPEsq. :

can you briefly describe the general nature of your business?

BizIPEsq. :

when will you be up and running?

Customer:

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.

Customer:

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?

BizIPEsq. :

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.

Customer:

No, it would be the title.

BizIPEsq. :

so the title of the work contains the two word-combo

Customer:

Yes. Are you saying I can't copyright a two word title?

Customer:

The title would be applied to a variety of media, both print and online.

BizIPEsq. :

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

BizIPEsq. :

what is that you are trying to do?

BizIPEsq. :

(or to protect?)

Customer:

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.

Customer:

When I say "part of other people's publications" I'm referring to the name of their publications.

BizIPEsq. :

1) you would need to trademark the name to protect it as the business's

BizIPEsq. :

2) is a little bit more complex: let me explain

Customer:

OK

Customer:

So, are any of the free trademark search services on the Net reliable?

BizIPEsq. :

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

Customer:

Yes, we would be using the two word combo to identify our website, articles, etc.

BizIPEsq. :

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

Customer:

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?

Customer:

Sounds like I need to do a trademark search, even though a copyright search for my phrase does not reveal an identical title.

BizIPEsq. :

you are correct

BizIPEsq. :

trademarking is what you need to focus on

BizIPEsq. :

Thank you for allowing me to assist you

BizIPEsq. :

Please rate my service

Customer:

OK. Thanks for your help. Any parting thoughts as to a website that contains the info I need?

BizIPEsq. :

USPTO.gov has the trademark database where you can search

BizIPEsq. :

Please rate. Without your rating I do not get compensated for my work

BizIPEsq. :

a bonus is always appreciated

Customer:

I understand. Thanks much.

BizIPEsq.
BizIPEsq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 996
Experience: I am a tech attorney and I represent clients with technology, internet and intellectual property matters
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BizIPEsq.
BizIPEsq., Attorney
Category: Intellectual Property Law
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