Intellectual Property Law

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I need help with music things. Copyrights and trademarks. If…

Customer Question
I need help with...

I need help with music things. Copyrights and trademarks

Lawyer's Assistant: Is the trademark federally registered?

If I trademark my name, does that mean no other person can use that name?

Lawyer's Assistant: Have you talked to a local attorney? Has anything been filed in court?

No, as I am not sure what kind of steps to take. It would be a waste of money to trademark my name if its a copyright I need.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I want to know if I need a copyright or a trademark, and what kind of powers each of them give me.

Submitted: 7 months ago.Category: Intellectual Property Law
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Answered in 8 minutes by:
11/22/2017
IP Lawyer: Gerald-Esquire, Lawyer replied 7 months ago
Gerald-Esquire
Category: Intellectual Property Law
Satisfied Customers: 5,356
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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IP Lawyer: Gerald-Esquire, Lawyer replied 7 months ago

I am working on your answer now. Please bear with me it may take a few minutes.

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IP Lawyer: Gerald-Esquire, Lawyer replied 7 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

1) you can not copyright a name by itself. Titles, short phrases, and names are ***** ***** for a copyright. Copyrights are used to protect creative works.

2) You can trademark a name, BUT you can only trademark a name in the context of a business enterprise. A person can not trademark just their name absent such a context. For example "Colonel Sanders can be Trademarked because it is in the Context of the restaurant chain.

3) There are some states that have state laws that protect a persons name and likeness for being used for commercial purposes without the persons consent. For example Tennessee and California has such laws. Other states do to. This is why you can not use the likeness of a celebrity without their permission. (There are exceptions to these laws that allow for certain uses without permission - which is why impersonators can earn a perform).

I am sorry if this is not what you had hoped to hear, but I would not want to mislead you into taking an action that would cost you energy and resources to no avail.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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