I would like to know if keywords and phrases are copyrighted? I mean if I set an auction website up and create a page named eBay.html, is this breaking copyright laws even though the actual domain name does not mention eBay? If this is the case then where can I find out what words/phrases/company names are copyrighted.
Most companies names or products are copyrighted. Keywords that could be are company name and name of product. Terms related should not be. If your promoting a site or affiliate program they sometimes tell you what terms you can not use. You never know because i have seen Trump try to copyright your fired and hilton try to copyright that is hot.
What if a phrase is copyrighted that is not a company name? I have a client who was getting ranking results for the phrases 'Auto Windscreen' and 'Auto Windscreen Prices'. Now a major corporate company has contacted them saying that they own the copyright to these phrases and they are going to take legal action. Now my understanding is that the word 'Auto' is a commonly used word meaning Automotive, Vehicle, Car etc.. How can this phrase be copyrighted? This has come directly from the companies legal team. If this is true then how can we find out just what phrases are copyrighted?
You are talking about a trademark, not a copyright. A TM does not need to be a company name. While you can do a search on the USPTO.gov site for registered marks, there is no easy way to check for common law trademarks. A good search will run in the hundreds of dollars. Generic terms and their usage cannot be trademarked, but generic words/terms can be trademarked if their usage is unique i.e. "Apple" is a trademark for computers - but you can't trademark "Apple" for the name of a fruit. You should really consult an attorney that specializes in intellectual property rights to get an opinion on the term and if how you are using it could be infringement. Sometimes you will have a deep pocket company that will be very aggressive in protecting their mark, and legal costs in defending such a claim can run tens of thousands of dollars - and even if you win, you'll likely not recover your attorney fees. Most trademark infringement cases come down to its usage and if it is infringing upon a protected classification.
Currently in the US, the laws seem to be somewhat confusing about this. Trademark terms are okay to use to trigger ads (so long as the ad does not infringe) but it is not okay to use in metatags to draw in traffic. So, I can use a competitors mark as a keyword in my AdSesne campaign (which is designed to bring in traffic), but I can't use it in my site's metetags because then I am trying to bring in traffic by using a copetitor's mark (even though most search engines don't rely heavily, or at all, for search results). --Be aware that on these two issues there have been rulings on both sides (illegal ads, illegal metatags, legal ads, legal metatags). This is just where the big decisions stand. The courts will probably be divided until either the Supreme Court rules on the issue or the legislature addresses the issue. Furthermore, I can't use a competitor's mark sprinkled in my content in order to try to drive traffic to my site by getting ranking for that term. However, I can put all sorts of product comparisons (that use the competing mark) in my content. This could incidentally lead to me achieving ranking for that term. I'm sure that the courts and/or legislature will eventually get around to changing this. But at this point, it's kind of a crap shoot. On the specific terms listed, without knowing what the product is specifically one can't be certain. However, if one is referring to windscreens for an automobile, or automatically retractable windscreens, then the term is descriptive and would not be granted trademark status (even if an application for trademark has been made). This is true of the US and the UK. UK trademark requirements Just so you know, the only currently registered trademark in the US using the term windscreen is an Italian clothing manufacturer (they were refused TM status in the UK). This registration does not include the word auto. The only registered trademark in th UK is for a military magazine. Of course, that does not include marks registered in other countries or commonlaw marks.
Thank you for the very detailed comments. The terms 'Auto Windscreen' and 'Auto Windscreen Prices' have been used within a website to gain customers for these phrases and have gained good rankings in the search engines. These phrases relate to an Automotive Windscreen of a vehicle. It has been stated by one of the very large corporate windscreen replacement companies that they have the intellectual property rights to the above phrases because the phrase 'Auto Windscreens' is part of their business/trade name. If you can provide any links where I can do a check to see if this is true then I would be very greatful then I can do more indepth research for future clients. This all relates to the UK. Thank you for all your help.
The link I provided above clearly states that in order for a mark to be acceptable to register it: Auto windscreen seems pretty descriptive of auto windscreens to me. Just because a business name contains certain words does not mean that company holds the rights to every word in the business name. For example, how many legal offices in the UK use the word "solicitor" in their business name? Are they all violating one business's trademark. Certainly not. In Bedfordshire alone I find at least three different businesses that do auto glass work that use the term windscreen in their company name. See this link to see how many businesses use the term. http://www.autoinsider.co.uk/local/windscreen-services.php This link will take you to a form you can use to search registered trademarks in the UK by keyword (I just used the word windscreen). UK Trademark Search