Legal Question in Intellectual Property in California

Re: Copyright infringement?

Generally speaking, titles (of books, etc.) are not protectible as against other titles. Only when a title is so well known that there may be likely confusion concerning the source of origin of such material and usually subject to the rules of TRADEMARK law.

There are countless examples of titles being recycled by others with no connection to the original work. For example, THE PATRIOT is the name of two different films showing

currently on HBO - one with Mel Gibson; one with Steven Segall; "You're in the Army now" has been used several times and withstood a court challenge to use of the titles as a TV

show, after it had been a popular book.

Even if a name, title, or short phrase is novel or distinctive or if it lends itself to a play on words, it cannot be protected by copyright. HOWEVER if one is using the title to designate the source and origin of goods or services and if such terms are capable of allowing consumers to distinguish such goods and services from those of other traders, a trademark can protect such terms.

WE PROTECT IMAGINATION and offer online registration services for basic copyrights, trademarks and domain names at mybrandsonline.com. Beyond the basics, our attorneys and agents work to create INTELLECTUAL PROPERTY SOLUTIONS which maximize each of our clients' unique and distinct personalities and properties.

1) Copyright protects a wide variety of intellectual properties, including pictures and words, works of art (paintings, sculpture, photographs, jewelry designs, etc.) literary works, (fiction, poetry, technical materials)choreography, sound and video recordings, software code and other expressive creations including websites.

Copyright protects the author's original creative expression as contained in the work but DOES NOT usually extend to any IDEA, procedure, process, method, system, discovery, NAME or

short TITLE or SLOGAN.

For more information about copyrights go to

www.copyrightpros.com.

2) Trademark protects brand names, slogans, logos and symbols used in business. (e.g., company names like: FORD, STARBUCK'S or MCDONALD'S,; product names like: OREOS, BIG MAC, BAND-AIDS or EXPLORER; personal names like: LAURA ASHLEY or CALVIN KLEIN; slogans like: WASSUP? or THE ULTIMATE DRIVING MACHINE; designs like: the "GOLDEN ARCHES", the NIKE "SWOOSH", symbols like: "SNAP CRACKLE & POP" and even sometimes even color schemes like: brown for UPS courier service as well as other types of trade dress, including distinctive packaging, uniforms and other distinctive designs.

What is in a name? Though Shakespeare said that a rose by any other name would still smell as sweet. . . the importance of a product or business name cannot be underestimated.

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Re: Copyright infringement?

Based on what you have said, no. Titles are not protectible under copyright, and the particular title you refer to has been the subject of numerous permutations.

Re: Copyright infringement?

Title of the movies are never copyrightd.