Posted by M. Arthur Auslander on February 25, 1999 at 04:15:00:
In Reply to: TM infraction or not posted by Joe Lopez on February 24, 1999 at 21:29:43:
: Where I live there is a radio station where all their on-air personalities use the same phases, developing a kind of lingo. About a year and a half ago, I created an unofficial website of definitions and called it the "ticktionary." In the last year, I had made arrangements with the station to let them use my work as long as they credited me for the work. They have used my work twice, never acknowledging me as the writer. Now, they are running on-air promos freaturing a character who's name is "tictionary" and have even included a page on their official web site similar in content to mine named the "tictionary." Is there anything more than just morally wrong with this? It almost seems as if they are stealing my work.
I usually am quick to come up with good theoretical answers. This is a stumper. If there were some "use in commerce" if tictionarly, then you might have a tm or sm right to register or a federal unfair competition action. The mere creating a word does not give you a right. The use of the "information" in your web page is also allowed, even if you had a copyright registered. The copying of your mode of expression is protected, not the idea. Litigation is also expensive. Copyright registration is quick and inexpensive. Elaine's Workshop is for the purpose of clients to find out rights early before they have problems like yours.
M. Arthur Auslander
ELAINE's Workshop: E arly L egal A dvice I s N ot E xpensive (sm)
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