Re: Re: Copyright law summary?
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Posted by M. Arthur Auslander on August 13, 1999 at 10:03:10:
In Reply to: Re: Copyright law summary? posted by Sue on August 13, 1999 at 09:20:36:
: :Who has priority regarding business names.
: The business that has been using it the longest
: or the one that has formally filed a business
: name? In the copyright law there is a section
: regarding common use names. This particular
: business can be considered a "common name" : Help!
Scot has a complex problem. It is not clear without more facts what he can do. What you are saying has to be looked at too. Business names can be trade names. Trade names are not registerable. They can been used as trademarks. Only then can they be Federally registered. There are ways of enforcing right in trade names. It is much easier to enforce trade marks. Copyrights are a whole differrent thing too. Copyright protects a "mode of expression", not a trademark or a trade name, even though a copyrightable work can be used as a trademark in some cases.
M. Arthur Auslander
ELAINE's Workshop: Early Legal Advice Is Not Expensive (sm)
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
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