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Author Topic: Using song titles for products we make (and sell)  (Read 975 times)

kssoaper

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Using song titles for products we make (and sell)
« on: 12-19-09 at 09:04 pm »

We are a small, very small, mom and pop shop.  We make and sell our handmade soaps, etc.
We would like to develop a line of products and name them after songs....... I have read many
forums and can't really seem to find an answer to our question... seems like some say you can
use song names and then some say you cannot.

Like I said, we are very small and cannot afford any trouble  :)

Thank you very much in advance, we really appreciate any help we can get on this.

kssoaper
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JSonnabend

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Re: Using song titles for products we make (and sell)
« Reply #1 on: 12-21-09 at 07:33 am »

Song titles aren't protectible as trademarks in and of themselves.  That said, if you really "cannot afford any trouble," then why risk an action by the songs' rights holders, even if the actions end up being meritless?

- Jeff
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raj

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Re: Using song titles for products we make (and sell)
« Reply #2 on: 12-22-09 at 10:59 pm »

As we know song titles is not the subject matter for copyright protection, it is nothing to say that someoneelse can not use it as a trade mark. But it is not a topic to simply say yes or not? It Depends on the nature of the titles and its use.
If the song title (merely a word or few words) has been used as a trademark for a product (on Hand made soap) without using any kind of musical tune or not using a sound that is used in song, it is compltely fair.
But if one uses a series of words (that is full sentence having some literary meaning) as a trade mark that uses as Slogan Trademark or if one uses the Musical Tuning of title of song (with or without word) then these matters may be the subject for copyright protection and it violates someone's copyright.

Raj
« Last Edit: 12-22-09 at 11:01 pm by raj »
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