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   Author  Topic: Trademark or Copyright a name  (Read 824 times)
Linda Freed
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Trademark or Copyright a name
« on: Oct 27th, 2007, 1:44pm »
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I am using a name from a character in a novel I am writing as an "alter-ego" for a blog. My name is becoming well known and I want to know if I can copyright or trademark (or whatever legal jargon) the name as mine?
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eddiespin
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Re: Trademark or Copyright a name
« Reply #1 on: Oct 28th, 2007, 9:13am »
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If your novel and character are original works of authorship you already own the copyright in those. If the use as such of your character name is a first use, you already own the trademark in that. Without all the legal jargon...
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Hrusha
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Re: Trademark or Copyright a name
« Reply #2 on: Nov 29th, 2007, 8:48pm »
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It will not hurt to do both if this is really important to you.
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Kaitlin
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Re: Trademark or Copyright a name
« Reply #3 on: Nov 30th, 2007, 8:55am »
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on Oct 28th, 2007, 9:13am, eddiespin wrote:
If your novel and character are original works of authorship you already own the copyright in those. If the use as such of your character name is a first use, you already own the trademark in that. Without all the legal jargon...

Uhh...  That's not quite right.  
You don't get a copyright in a name, so just being author of a novel with that character name doesn't give you exclusive rights to the character name under copyright or trademark.  
A name can be used as a trademark and you can have trademark rights without registration, but to be a trademark a name needs to be used in commerce to identify the source of goods or services -- and to be used safely, it needs to be used in a way that doesn't infringe on prior rights.  Maybe you've got a trademark use and maybe it's not infringing anyone else's, but maybe you haven't.  
« Last Edit: Nov 30th, 2007, 8:57am by Kaitlin » IP Logged
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