Re: Copyrighted characters name issue

Subject: Re: Re: Copyrighted characters name issue

Comments:
: There are several ways to protect new and inventive ideas used in business. These include: trademarks, copyrights, trade secrets (proprietary business methods, contacts, : customer lists, recipes, etc.) and patents. : WE PROTECT IMAGINATION and offer online : registration services for basic copyrights, trademarks and domain names at www.mybrandsonline.com. : Beyond the basics, our attorneys and agents work to create INTELLECTUAL PROPERTY SOLUTIONS which maximize each of our clients' unique and distinct personalities and properties. : However, we do not usually provide specific legal advice to persons other than our retained clients. For now, we offer the following tips and suggestions which may or may not apply in your particular situation. : : Besides the obvious COPYRIGHT issues raised in protecting comic books, cartoons and drawings we also note that there have been many businesses and franchises who have used a : cartoon character as a TRADEMARK to represent, appear in or otherwise anchor a wide range of business activities (e.g., Bugs Bunny; Harvey's CASPER to Todd McFarlane's SPAWN; Felix the Cat, Betty Boop, Mickey Mouse, The Simpson's, DC : Comics, Batman, Mattel's Barbie, Mickey Mouse etc.). : Let's break it down: : 1) Copyright is a form of protection provided to authors of "original works of authorship", including literary, artistic, dramatic, musical, graphic arts and other creations. Copyright protects the author's original expression as contained in a creative work but DOES NOT : usually extend to any idea, procedure, process, method, system, discovery, NAME or short title or SLOGAN. : Original and expressive designs, drawings, cartoons, graphic artworks, and other original works may be protected under copyright law - : INCLUDING CARTOON CHARACTERS! : However BRAND NAMES, SHORT SLOGANS and COMMON : SURNAME APPELLATIONS (e.g., SMITH or JONES) cannot be protected by copyright - but thay might still be trademarks, if they identify the source of the goods - eg. TONY THE TIGER. : : COPYRIGHT - We can prepare applications for copyright registration for your original graphic artworks, website materials, and advertising copy. Many characters used in advertising (e.g. TONY THE TIGER, BUGS BUNNY, MICKEY MOUSE, SNAPR, CRACKLE & POP, and the SIMPSONS) are protected under copyright laws and by TRADEMARK. : (That is their artistic representation -- not just their names.) : : For more information about : copyrights and copyright protection, visit our site: www.copyrightpros.com. : : 2) TRADEMARK law protects distinctive NAMES, titles, slogans and symbols that are used by their owners in business. : BUSINESS NAMES, PRODUCT NAMES, CHARACTER LOGOS AND DISTINCTIVE SLOGANS used to promote the sale of certain goods or services; to distinguish : the trader from that of imitators and wannabees can be registered and maintained to exclude others from any such use. : Trademark protects company names like: DISNEY, STARBUCK'S, MCDONALD'S, or FORD; product names like POKEMON, OREOS, BIG MAC or EXPLORER; personal names like: LAURA ASHLEY or CALVIN KLEIN; slogans like WASSUP?; WE LOVE TO SEE YOU SMILE, or THE ULTIMATE DRIVING MACHINE; designs like: the "GOLDEN ARCHES" or the NIKE "SWOOSH", characters symbol and names like: "SNAP CRACKLE & POP" or RONALD MCDONALD, BARNEY or SONIC THE HEDGEHOG and even sometimes color schemes like: Brown for UPS courier service or Pink for SWEET 'N LOW as well as other types of trade dress, including distinctive packaging, architecture and interior store design and uniforms. : : What is in a name? Though Shakespeare said that a rose by any other name would still smell as sweet. . . the importance of a product or business name cannot be underestimated. Often : when a NEW PRODUCT IDEA makes it to the marketplace, even without a PATENT on the IDEA -- the NAME of the BRAND or PRODUCT can forever dominate the industry. (e.g, MARIO BROS., KLEENEX, JELLO, XEROX or eBAY). : : Prior to seeking to register a trademark, a search should be conducted to determine whether the name, (or device) or a similar name is already in use by others. We offer low-cost : and wide-ranging search options (and basic trademark applications) at www.mybrandsonline.com to get you started : quickly. : : Details are listed on our websites: : www.BrandXperts.com : www.namesavers.net and : www.copyrightpros.com : Try us out, unlike some codgerly New York lawyers, we are always happy to help! : Kind Regards, : Stephen L. Anderson, Esq. : Anderson & Associates : WE PROTECT IMAGINATION : Offices in Irvine, Newport Beach, San Francisco & Washington, D.C. --- WEBSITES EVERYWHERE! : email: attorneys@brandXperts.com : Anderson & Associates : 610 Newport Center Drive, Suite 450, : Newport Beach, California 92660 U.S.A. : (949) 640-1120 tel. : (949) 759-1475 fax : VISIT OUR "VIRTUAL VILLAGE" : www.brandXperts.com/ TRADEMARKS : www.copyrightpros.com/ COPYRIGHTS : www.namesavers.net/ DOMAIN NAMES : www.mybrandsonline.com/ REGISTER NOW!

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