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Trademark problem (2 posts)

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  • Avatar Image Mike said 1 year, 8 months ago:

    So I took down the first episode of my miniseries after I received word that the title was already trademarked by someone. I didn’t want any trouble so I wiped it down right away.

    Now it’s been a couple weeks and I’ve come up with a new title. A Google search for it comes back with one match; an independent record released in ‘06 having the same name. I don’t want to run in to the same issue but could also just be being a bit paranoid.

    Should I go for the name, or get back to the drawing board?

    Mike Hickey
    Baristo Pictures
    #
  • Avatar Image Dennis said 1 year, 8 months ago:

    A title can not be copywriten. As far as trademarks that’s a little more tricky. Single titles can not be trademarked with one exception, if it’s a series like Harry Potter. You also can trademark slogans.

    So to break that down:

    “Star Wars” = can be trademarked
    “A New Hope” = can not
    “May the Force be with you.” = can be trademarked

    Now when it comes studio productions/distribution the MPAA Title Registration Bureau settles title disputes.

    Check out these articles:

    http://www.marklitwak.com/faq/titles.html

    http://www.allbusiness.com/services/legal-services/4468289-1.html

    http://troygould.com/layouts/50/graphics/handel_la_lawyer.pdf (PDF)

    http://www.mpaa.org/faq

    Now With Half The Calories Of Regular Bullshit!
    #

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