QUESTION

trademark dispute

Asked on May 06th, 2014 on Patents - Ohio
More details to this question:
I have an independent film company, I am in the process of registering my company name. It was just published in the trademark official gazette. I got emailed by a guy who used the name to make a documentary in 2009. Who has the right to the name?
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1 ANSWER

Patents Attorney serving McLean, VA at George H. Spencer
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The titles of songs, books and movies, by themselves are not protectable by copyright which is why you can find such titles used over and over by various persons.  However, depending on the uses made of the title as other than the title of the movie which enable it to become identified by the public as identifying the source/sponsor of goods or services (e.g., Star Wars), then it can be protected as a trademark.  Based on the limited amount of information you have provided, it does not seem likely that you have anything to worry about, but more information about the usage of the documentary title is needed to be sure.
Answered on May 07th, 2014 at 3:36 PM

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