Q: How do I purchase rights to an unclaimed/abandoned copywrite?

A: When you're interested in using specific names like Hawkamania and Hockamania for your business, and you believe these are unclaimed or abandoned, the first step is to conduct a thorough search. This search should include existing copyrights, trademarks, and any other form of intellectual property rights that might be associated with these names. Databases such as those maintained by the United States Patent and Trademark Office (USPTO) are good starting points for such searches.

If your search confirms that these names are indeed unclaimed and not currently protected under copyright or trademark laws, you can proceed to use them for your business. However, simply using a name does not necessarily grant you exclusive rights. To secure exclusive rights and prevent others from using the names in your business area, you should consider filing for a trademark. A trademark can protect a name, word, symbol, or design used to identify your goods or services.

It's worth noting that copyright law automatically protects original works of authorship, such as books and music, from the moment they are created and fixed in a tangible form that is perceptible either directly or with the aid of a machine or device. Since names like Hawkamania and Hockamania are likely to be used as brand names rather than copyrightable works, trademark protection is the more relevant legal tool for your purposes. Filing a trademark application involves submitting detailed information about your intended use of the name and paying the necessary fees. Given the complexities of intellectual property law, consulting with a legal professional experienced in trademark law can provide valuable guidance through this process.