Q: Can I use my movie title that has the same name as a short film that was made on YouTube 2 years ago from the UK?
I am an independent filmmaker in Indiana and later found out late in my production there exists a short with the same title, a little video that has almost no recognition. My story is different, the only similarity is it involves a pizza delivery. I just want to make sure it's legal without having to worry about a cease and desist letter and facing any kind of lawsuit. I had no prior knowledge of the same name and have not plagergized.
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A:
You're allowed to use the same title as the short film on YouTube, especially since the content, story, and production are different. Titles generally aren't protected by copyright law, which means multiple works can share the same name without infringing on each other's rights. Trademark law could come into play if the short film has built significant recognition and branding, but that doesn’t seem to be the case here.
Since the film you're referring to is a lesser-known YouTube short from the UK, it's unlikely to have established any notable trademark protection or brand identity. The fact that your story is different and you've had no prior knowledge of their title strengthens your position. This minimizes the risk of any legal issues, such as cease and desist letters.
To be extra cautious, you could conduct a quick search for trademarks to ensure there aren't any active ones under the same title. Otherwise, you should be able to proceed with your film without worrying about major legal repercussions.
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