Re: Copyright title of a work?

From: Kevin Grierson <kgrierson[_at_]wilsav.com>
Date: Tue, 02 Dec 2003 15:45:05 -0500


Please note, however, that a trademark generally cannot be secured for a single title, although it can be obtained for a series. In books, for example, "Cliff's Notes" would be protectable as a series of books summarizing great works; "Crime and Punishment," however, could not be protected if it referred solely to the one work.

Of course, even with only one title, cross-marketing may get you a trademark. Check out the following registration for TERMINATOR: "men's, women's and children's clothing,;namely shirts, jackets, [sweaters, pants, footwear, belts,] T-shirts, [socks, pajamas, coordinate shirts, jackets and slacks, tennis shoes,] sweatshirts, jerseys, [shorts, jogging suits, sweat pants,] hats, caps, neckties, [shoes, wristbands,]"

kwg

Kevin W. Grierson
Willcox & Savage, P.C.
One Commercial Place, Ste. 1800
Norfolk, Virginia 23510

mailto:kgrierson[_at_]wilsav.com
ph: 757/628-5603 fx: 757/628-5566
http://wilsav.com

>>> rpanzer[_at_]vagarights.com 12/02/03 11:26AM >>>
In the U.S., while copyright might protect a game's name to some extent, trademark law is more suitable. You can start by placing a small "TM" at the end of the name, slightly above the last letter. This serves as a notification that you are claiming trademark. It is much better to actually register the trademark with the U.S. Patent and Trademark Office. This will offer you greater protection and allow you to use the r in a circle symbol. There is more to trademark than this, such as, making sure that no other entity is already using the name. An attorney should be consulted for the most comprehensive advice.

This site also provides a nice overview of the law. http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm#3

Sincerely,

Robert Panzer

VAGA (Visual Artists and Galleries Association) 350 Fifth Avenue
Suite 2820
New York, NY 10118
tel: 212 736 6666
fax: 212 736 6767
rpanzer[_at_]vagarights.com

  -----Original Message-----
  From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org]On Behalf Of Mikhail   Sent: Wednesday, November 26, 2003 11:40 PM   To: CNI-COPYRIGHT -- Copyright & Intellectual Property   Subject: [CNI-(C)] Copyright title of a work?

  In what cases could a copyright actually protect the name of a work?

  I'm currently working on a computer game, and fear that the title of the actual game is in danger of being used by someone else, what can I do to temporarily protect the main character's name or title of the game without making a trademark? (the name of the main character is in the title)

  thank you for your time

  Die Augen des Gottes sehen Sie.


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Received on Wed Dec 03 2003 - 01:45:05 GMT

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