Re: how do I find out if a copyright already exists?

Sandy Lora <sandylora[_at_]pol.net> asked:
>
> How do I find out if a copyright already exists on a name of a product
> or idea?? What number do I call or who can I talk to?
>
> Also should one get a lawyer involved if he or she wants to get a
> copyright and if so, do you know of any lawyers in the NYC area (and do
> you know approximately how much the fee is per hour?)

Easy answer. No matter what the product name is or the idea is, no copyright exists on it. That's because names, titles, and short phrases are not copyrightable subject matter, and mere ideas cannot be protected by copyright.

I suspect what you meant was trademark. Numerous search services are available to enable you to find out whether a particular name is already in use as a registered, pending, or common law trademark, or if it is the subject of a pending intent-to-use application. You should definitely retain and work with a qualified trademark lawyer to conduct and analyze such a search and to counsel you on selection of a product name.

With respect to an idea, the only way you can protect an idea is by not telling it to anyone, or by revealing it to others only under circumstances giving rise to a duty of confidentiality---usually achieved by having the other party sign a nondisclosure agreement. Again, a lawyer can draft an appropriate one for you.

I have no information regarding fee schedules for this kind of work in the NYC area. But your work sounds fairly straightforward, and you can probably get it done by a sole practitioner or a small firm---these usually have the lowest fees. Make sure, though, that you choose and work with a lawyer who has trademark experience. Good luck!

Bob Cumbow
<cumbr[_at_]perkinscoie.com> Received on Wed Jun 24 1998 - 16:52:04 GMT