How hard is it to copyright or trademark a word? - GoFuckYourself.com

smutnut · 07-17-2009, 06:01 AM

Just curious how hard it is to copyright or trademark a word.

For instance, both Marvel Comics and DC Comics have a trademark or copyright (or some fucking thing) on the word superhero, so basically no one can use it in their context - which I'm not exactly sure what this means cause I'm pretty sure you can use it if you were making a movie or writing a novel but I know other Comic Book companies have had legal issues in using it and most refrain from it by cutting the word short or something.

I'm curious why someone couldn't copyright the term BDSM so no one else could use it in porn, and why monoply laws don't protect comic companies from litigation from Marvel and DC.

If anyone knows (I'm sure someone does, but if it can be explained in layman's terms too LOL)?

BlackCrayon · 07-17-2009, 06:43 AM

i believe the only way someone could trademark a common place word like bdsm is if they can prove they or their company were the first people to publish the word.

BestXXXPorn · 07-17-2009, 07:00 AM

Trademarking a name is a bit pricey and a drawn out process...

http://www.inta.org/index.php?option...1&getcontent=1

FrozenJag · 07-17-2009, 07:10 AM

Already been done, just ask shap.

:x

Personally I think its bullshit for general terms like that but who am I to say.

ShellyCrash · 07-17-2009, 07:16 AM

If it's a common place word from what I understand you can only protect the industry you do business in and there can't be prior use. Marvel and DC are the old dogs and probably were the first to use the term superhero in the comic book industry. When I think first superhero I think Superman and that is DC all the way. If there were any predecessors they are most likely no longer around to contest.

I'm not sure "Superhero" is a common place word though. I mean, it is NOW, but prior to it's introduction into popular culture I would think it probably didn't exist as a compound word, so that would only go to strengthen DC's case.

Not a trademark lawyer, just my

BFT3K · 07-17-2009, 07:37 AM

It is much more difficult to trademark a word or a phrase, but artwork is relatively easy to trademark. In other words, if you submit a "Fried Lizard" logo, as artwork, the likelihood that it will be approved is much higher than just the words "Fried Lizard".

You will pay for the application, whether it gets approved or not. I tried this around 20 years ago, and the fee at that time was around $550 or so.

I tried to trademark the words JunkTV for a project I was working on, but it was rejected, and I was out the money. If it was a JunkTV logo however, I would have been approved.

I had a lawyer, but he was not a trademark attorney, so we lacked the insight.

F-U-Jimmy · 07-17-2009, 07:56 AM

Quote:

Originally Posted by BestXXXPorn

Trademarking a name is a bit pricey and a drawn out process...

http://www.inta.org/index.php?option...1&getcontent=1

I trade marked ® 3 site names at a cost of $600 each and it took around 6 months to complete. Very simple process indeed

PS you have to renew these every 6 years

RadicalSights · 07-17-2009, 10:39 AM

$600 each?

http://www.uspto.gov/teas/teasplus.htm

SilentKnight · 07-17-2009, 11:39 AM

Many moons ago we owned wickedconfinement.com - a BDSM-oriented site that featured only our own original content on it.

It was in operation for several years - then abruptly we were contacted by an 'in-house attorney' for Wicked Pictures Inc. - claiming we were infringing on their trademarked use of the word "wicked".

Initially I thought it was simply bullshit and asked if they were having a slow day in the office. But they persisted and threatened legal action against us. At which point we contacted our own attorneys for advice.

Long story short - the attorneys reached a settlement and we sold off the domain.

smutnut · 07-17-2009, 05:45 PM

Quote:

Originally Posted by SilentKnight

Many moons ago we owned wickedconfinement.com - a BDSM-oriented site that featured only our own original content on it.

It was in operation for several years - then abruptly we were contacted by an 'in-house attorney' for Wicked Pictures Inc. - claiming we were infringing on their trademarked use of the word "wicked".

Initially I thought it was simply bullshit and asked if they were having a slow day in the office. But they persisted and threatened legal action against us. At which point we contacted our own attorneys for advice.

Long story short - the attorneys reached a settlement and we sold off the domain.

That's insane, and sort of what I'm concerned with. Hopefully you made out.

I guess this is just what you have to deal with if you want to create something original that grew out of something not so much.

I think I'm just going to create and see what happens and then eat it and create something else out of that if anything should happen.

Anyway I like the logo idea the best to get started. People will have to come at me from a lot of different angles anyway if they even bother of think they have a right too.

Thanks everyone

I might also just spit out some short scripts and copyright those and register them with the WGAw just to be even safer. I have a couple writing credits so I have a little clout in that area. It's the design and term I'm more concerned with.

Thanks again

07-17-2009, 06:01 AM	#1
smutnut So Fucking Banned Industry Role: Join Date: Jul 2007 Location: Babylon Posts: 5,889	How hard is it to copyright or trademark a word? Just curious how hard it is to copyright or trademark a word. For instance, both Marvel Comics and DC Comics have a trademark or copyright (or some fucking thing) on the word superhero, so basically no one can use it in their context - which I'm not exactly sure what this means cause I'm pretty sure you can use it if you were making a movie or writing a novel but I know other Comic Book companies have had legal issues in using it and most refrain from it by cutting the word short or something. I'm curious why someone couldn't copyright the term BDSM so no one else could use it in porn, and why monoply laws don't protect comic companies from litigation from Marvel and DC. If anyone knows (I'm sure someone does, but if it can be explained in layman's terms too LOL)?

07-17-2009, 06:43 AM	#2
BlackCrayon Too lazy to set a custom title Join Date: Jun 2003 Location: Ottawa Posts: 19,631	i believe the only way someone could trademark a common place word like bdsm is if they can prove they or their company were the first people to publish the word. __________________ you don't know you're wearing a leash if you sit by the peg all day..

07-17-2009, 07:00 AM	#3
BestXXXPorn Confirmed User Join Date: Jun 2009 Location: Asheville, NC Posts: 2,277	Trademarking a name is a bit pricey and a drawn out process... http://www.inta.org/index.php?option...1&getcontent=1 __________________ ICQ: 258-202-811 \| Email: eric{at}bestxxxporn.com

07-17-2009, 07:16 AM	#5
ShellyCrash Confirmed User Join Date: Jun 2004 Location: Tampa Bay, FL Posts: 6,708	If it's a common place word from what I understand you can only protect the industry you do business in and there can't be prior use. Marvel and DC are the old dogs and probably were the first to use the term superhero in the comic book industry. When I think first superhero I think Superman and that is DC all the way. If there were any predecessors they are most likely no longer around to contest. I'm not sure "Superhero" is a common place word though. I mean, it is NOW, but prior to it's introduction into popular culture I would think it probably didn't exist as a compound word, so that would only go to strengthen DC's case. Not a trademark lawyer, just my __________________ Start making money with the hottest hookup site! up to $55 PPS or up to 75% Revshare ICQ 196766477

07-17-2009, 07:10 AM	#4
FrozenJag Confirmed User Join Date: Oct 2006 Posts: 1,763	Already been done, just ask shap. :x Personally I think its bullshit for general terms like that but who am I to say.

07-17-2009, 07:37 AM	#6
BFT3K Too lazy to set a custom title Industry Role: Join Date: Dec 2005 Location: Narnia Posts: 10,764	It is much more difficult to trademark a word or a phrase, but artwork is relatively easy to trademark. In other words, if you submit a "Fried Lizard" logo, as artwork, the likelihood that it will be approved is much higher than just the words "Fried Lizard". You will pay for the application, whether it gets approved or not. I tried this around 20 years ago, and the fee at that time was around $550 or so. I tried to trademark the words JunkTV for a project I was working on, but it was rejected, and I was out the money. If it was a JunkTV logo however, I would have been approved. I had a lawyer, but he was not a trademark attorney, so we lacked the insight.

07-17-2009, 10:39 AM	#8
RadicalSights So Fucking Banned Industry Role: Join Date: Mar 2009 Location: Europe Posts: 1,595	$600 each? http://www.uspto.gov/teas/teasplus.htm

07-17-2009, 11:39 AM	#9
SilentKnight Megan Fox's fluffer Industry Role: Join Date: Oct 2005 Location: shooting pool in Elysium Posts: 24,818	Many moons ago we owned wickedconfinement.com - a BDSM-oriented site that featured only our own original content on it. It was in operation for several years - then abruptly we were contacted by an 'in-house attorney' for Wicked Pictures Inc. - claiming we were infringing on their trademarked use of the word "wicked". Initially I thought it was simply bullshit and asked if they were having a slow day in the office. But they persisted and threatened legal action against us. At which point we contacted our own attorneys for advice. Long story short - the attorneys reached a settlement and we sold off the domain.