Atlantic City, NJ asked in Copyright, Intellectual Property and Trademark for New Jersey

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?

2 Lawyer Answers
Fritz-Howard Raymond Clapp
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  • Trademarks Lawyer
  • Beverly Hills, CA

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

James L. Arrasmith
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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.

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