copyright infringement?

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strong23

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Hello everybody, I have a quick question. I am in the final stages of receiving a trademark. However yesterday I learned the exact name I am trademarking was copyrighted in 1991. I have been using the name on my product since 2007 and have it on business cards, websites, ect. and would like to continue it's use since it's the very essence of my business. It's my understanding titles are not protectible by either copyright or trademarks but expressions of creative works are. That's why you see movies with the same name as previous movies. FYI-the industries are the same, the name describes the same product although the product is very different. Does anyone have feedback? Thank you in advance.
 
You are correct that copyright is protection of the expression of a creative work. A creative work can involve a trademark, however. For example, the Beatles undoubtedly are authors of many a copyrighted work, AND the name, The Beatles, is also a powerful trademark. Following the same example, if a band had only a single CD, the trademark office would not allow for registration of the band name for those goods, but would allow for registration of the services of musical performing. That doesn't really answer your question, but it is intended to communicate the very fact specific nature of copyright and trademark issues. Movie titles, as well, are analyzed according to particular sets of facts relative to exclusivity and potential trademark rights. All that said, if you contact me or provide some more detailed posting, perhaps I can reply more specifically. Sandra M. Sovinski, Esq.
 
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