QUESTION
Do I have copyright or Trademark claim here?.
Asked on Nov 08th, 2015 on Intellectual Property - California
More details to this question:
My name is Daniel Ajah Okoronkwo, I am the author and owner of "African Thunder", original stories and screenplay copyrighted in March 26, 1973" . The work was never published and has a copyright number. My intent is to make a movie based on it when funds are available. But in 2014 a company registered its name as " African Thunder Platinum Ltd. based in Mauritius, engaged in mining, and metals. It has many holding companies and banks invested in the operation. I never registered the trademark name of African Thunder except that that was the name of the screenplay which was copyrighted. As the original owner of this name can action against the Mauritius corporation be sustained ?
1 ANSWER
You do not appear to have either a copyright claim or a trademark claim. For a copyright claim, there would have to be copying and this could not occur if the other company never saw your work. Furthermore, short phrases are not protectable by copyright which is multiple books and songs have the same title.
As for trademarks, to be have a claim, there would have to be a likelihood of confusion, which is not the case for a book or movie title relative a mining and metals company. Moreover, without a trademark registration in Mauritius, you would have no trademark rights to enforce there.
Answered on Nov 12th, 2015 at 12:14 PM