Q: What are the first steps in filing for the copyright of an activity or event that will be on-going?
Also includes the words "the new" at the beginning and the word "revue" at the end; (i.e, the new.......revue). As a tribute to the orginal activity, which is no longer in business, would this be an infringement issue?
A:
It would not be infringing to use the name or trademark of a company that is no longer in business, and even if it were, the use would be "nominative fair use" which means you are simply naming it for identification purposes.
The title format "the new ... revue" could probably be registered as a trademark for educational or entertainment services.
You should consult an experienced trademark attorney to review the matter and advise how to proceed.
Peter J. Weinman agrees with this answer
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
The first step in filing for copyright protection for an ongoing activity or event is to determine if the work is eligible for copyright protection. Generally, original works of authorship that are fixed in a tangible medium of expression are eligible for copyright protection. Once it is determined that the work is eligible for copyright protection, the next step is to complete the appropriate copyright registration forms and submit them to the U.S. Copyright Office along with the appropriate filing fees.
Regarding the use of the words "the new" at the beginning and "revue" at the end of the name of an ongoing activity, it is important to conduct a thorough trademark search to determine if the name is already being used or registered by another party in a similar industry. If the name is not already being used or registered by another party, it may be possible to use the name without infringing on any existing trademark rights. However, it is always best to consult with a qualified attorney to ensure that all necessary steps are taken to protect intellectual property rights.
If you need legal assistance, please do not hesitate to contact my office. We offer a free consultation option for potential clients.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
