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[DavesQuestion]

I wonder if anyone can help to settle an argument for me? My employer is about to release a new range of software products that rely on a unique process that is not yet patented. The process has been given a name, let's say 'Simple' (that's not the real name, but it is a similar adjective that describes an important aspect of the process). This name is then appended to the company name, like 'MyCompanyName Simple' to give the full name for the process and this in turn is used as the prefix for our range of products, like 'MyCompanyName Simple Advanced'.

When referring to the process or the product family, my employer wants to use the copyright symbol in the form 'MyCompanyName Simple(C)'. My question to settle the argument is whether it is *ever* appropriate to use the symbol in this way. (I think it's not and it may even adversely affect our credibility to use it in this way.) The reason I've been given is that we're trying to protect the unique process as it's not yet patented.

Dave.

[M. Arthur Auslander]

It is my unresearched belief that © registrant's name and the year of publication year is constructive notice to possible infringers that a copyright is registered, if the copyright is in fact registered. The use of a trademark in a copyright notice may not be as effective at least intil the mark is registered.

Proper copyright registration should not be ignored.

[DavesQuestion]

Thanks for your reply (which has taught me something because I didn't realise copyrights have to be registered). However, my original question relates to whether it is appropriate to use the copyright symbol when referring to a process or product.

For example, the promotional literature I mentioned has something along the lines of:

 "If MyCompanyName Simple(C) Standard is not suitable for your needs then you should consider MyCompanyName Simple(C) Advanced which has many additional features."

Is the use of the symbol appropriate in this kind of context?

Dave.

[nobody]

The way in which the use of a copyright notice is described in this thread is totally meaningless. I have seen this on websites myself.

1) Using a copyright notice as sort of a provisional patent is useless.

2) Using a copyright notice as a trademark claim is meaningless. You need to register a trademark to use (R) -- but you don't need to register a trademark to use "TM" or "SM" -- use it.

3) You don't need to register software for it to be protected under copyright, but you do to get a court to rule on an infringement. You can use (C) before your registration is received. The correct usage is here:

http://www.copyright.gov/circs/circ1.html