Question about using a copyrighted buisinesses name

Question about using a copyrighted buisinesses name

bishopj@gmail.com (J Bishop)	8/31/2004 5:38:15 PM
Does it infringe on a copyright to use the name of a privately owned buisiness that has been copywritten in print or publication?



Derrick Coetzee	9/2/2004 11:02:42 AM
J Bishop wrote: Does it infringe on a copyright to use the name of a privately owned buisiness that has been copywritten in print or publication? Names cannot be copyrighted; almost no word or short phrase can be. They can only be trademarked, and those trademarks must be actively used in the context in which you are using it. Go here and type in the name you want to use: http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=jfrh02.1.1 If you get live results in your context and you're in the US, then be worried. Otherwise you're probably fine. However, I am not a lawyer. -- Derrick Coetzee I grant this newsgroup post into the public domain.



bonomi@host122.r-bonomi.com (Robert Bonomi)	9/2/2004 11:02:52 AM
In article <t8r9j0hu40c8uaod9fmsepcib0que40uo4@4ax.com>, J Bishop <bishopj@gmail.com> wrote: Does it infringe on a copyright to use the name of a privately owned buisiness that has been copywritten in print or publication? Meaningless question. A business name cannot be 'copyrighted'. 'Trademarked', yes, 'copyrighted' no. Also, the ownership structure of the business is entirely irrelevant to any copyright/trademark/servicemark infringement issues. With any of those issues, the critical question is _how_ the protected 'thing' is being used. It's all in the details. "It is a well-known fact that one horse can run faster than another. But which horse ?? Small differences are _important_" -- R. A. Heinlein Without _any_ details, nobody can begin to discuss the matter intelligently.



"Arthur L. Rubin"	9/2/2004 11:02:53 AM
J Bishop wrote: Does it infringe on a copyright to use the name of a privately owned buisiness that has been copywritten in print or publication? No. It could be a trademark violation, but it can't be a copyright violation. -- This account is subject to a persistent MS Blaster and SWEN attack. I think I've got the problem resolved, but, if you E-mail me and it bounces, a second try might work. However, please reply in newsgroup.



sethb@panix.com (Seth Breidbart)	9/2/2004 11:03:02 AM
In article <t8r9j0hu40c8uaod9fmsepcib0que40uo4@4ax.com>, J Bishop <bishopj@gmail.com> wrote: Does it infringe on a copyright to use the name of a privately owned buisiness that has been copywritten in print or publication? Use how? Is the name that of an actual business, or an invented one used in a work of fiction? Do you wish to start an actual business with that name, or use the name in your own work of fiction? If actual businesses, trademark issues might apply; would they be competing businesses? Seth

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