Strange question which I may have answered myself, BUT I will ask anyway. Are the names of TV shows normally copyrighted ? I have a domain name that is the same as an obscure British TV show from 80's before I start promoting it I just wanted to ensure that no-one from the TV Company was going to complain and make me change it. Thinking about it, it seems unlikely, cos shows like "Friends" & "Dallas" have names that cannot possibly be covered by copyright. I am therefore assuming, they can only get me, if I make a site which includes scripts, video, etc of the show itself and that the name is free to be use for any other purpose.
Names, titles and short phrases can't be copyrighted, but they can be trademarked. If it's trademarked, then you're going to have a problem. Your bigger problem is going to be that you don't have the right to post their scripts, video or anything else from the show since those things would be subject to copyright. Posting them would subject you to liability for copyright infringement. Let me know if you have other questions. Deena ______________________________________________________________________________ Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.
Thanks. No worries, I have no intention of using any content from the show. With regard trademark, do you know how I would check this ?
It's probably a UK trademark since it's a UK show (http://www.ipo.gov.uk/tm.htm) but I'd also search the US trademark database at www.uspto.gov Deena ______________________________________________________________________ Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.
Define "hasn't been released"? Has it been filmed? How do you know it's a TV show if it hasn't been released? If you know that it's a TV show in the works, I'd imagine that (assuming the title is trademarkable) the title is trademarked... Deena ______________________________________________________________________ Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.
What If I know a scriptwriter and he tell me the name of his "going to be released" TV show, and I register it? Nobody knows the name except me.
If the scriptwriter has written the script, pitched the script and gotten a deal for it, they're not going to have a hard time taking that name from you because they can show priority of use.... Don't bother... Deena ________________________________________________________________ Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.
I did a bit of research on the British Trademark Site. Nothing seems to be listed for this programme. However the TV Company who made it have several of their other (more popular) shows listed. So I guess there would be nothing to stop them registering this show at some point in the future. Are you saying if I build a website with a domain name that is trademarked or subsequently trademarked then even if my site is nothing what-so-ever to do with the programme then they have the rights to take it off me ? Maybe I should try and trademark the name or could the TV company come along in a few years and say we had this name back in 1988 ? Maybe Im worrying about this too much ?
I'd have to know the name to be sure (if you want to PM me, feel free) but generally, if you're using the name in a different class of goods and services, you should be fine. Like Apple Records and Apple Computers both have a valid claim to the apple.com website. In that case, it's who registers first... Deena ____________________________________________________________________________________ Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.
Are you talking about doig something like making a website called whostheboss.xxx and have it give biographies of famous ceo's - thats a free million dollar idea (my interpatation of a million is a lot less then you would think)
Thanks Deena, have pm'd you @scaretactic - yes thats pretty much it, the programme in question included the name of a town with a prefix. I want to build a local directory site for the town in question. The show was so obscure and broadcast so long ago that I doubt that many people even living in the town know about the TV show. Great idea BTW