Re: Re: Copyright question

Subject: Re: Re: Re: Copyright question

Comments:
: : : Hypothetical question: : : : Lets say I wrote a song and the songs name is the name of : : : a big company unrelated to the music business. : : : The song was written by me and 2 others and recorded with : : : ASCAP,melody and lyrics. : : : Could this be a copyright infringement by using the big company's name as the name of the song. : : : This song is currently being played on radio over 20,000 : : : times per quarter now and it was written in 1967. : : Dears Bolter 42, : : Without taking professional responsibility, my belief is that, there might be a question under the law of unfair competition but which could bring you into court. The chances are that you would win in court. There is free speech. This would not be a trademark or copyright infringement. : : M. Arthur Auslander : : Auslander & Thomas-Intellectual Property Law Since 1909 : : 3008 Johnson Ave., New York, NY 10463 : : 7185430266, aus@auslander.com : : ELAINE's Workshop® : : E arly L egal A dvice I s N ot E xpensive™ : : Reality Check® : I agree with Auslander on this one. I don't think there is a copyright issue. Its not clear based on what has been presented in the fact pattern that there is a registered trademark, despite the fact that there seems to be usage in the stream of commerce by an entity. However, usage alone does not preclude others from using a particular word or name. There might lie a remedy in the law of unfair competition. More research would be required as well as a better understanding of the facts in order to judge whether a viable claim may exist. : Jamel Oeser-Sweat : Attorney At Law : Copyrights * Trademarks * Patents : 26 East 105th Street : New York, New York 10029 : Phone: (212) 696-6587 : Email: attorney@jamelsweat.com : Internet: http://www.jamelsweat.com

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