Legal Question in Intellectual Property in California

craig would not approve.

Yes, there will be trademark rights in the name or mark "Craigslist" simply because it has been in use in commerce. An official filing to register the mark with the Trademark Office, while a good idea, is not a legal condition of getting trademark rights. Those rights are "common law" and the registration procedures are basically a supplement to these common law (i.e. established by mere usage) rights.

Just because a word or name is entitled to trademark rights, however, does not mean that no one else can speak or use the word. If trademark rights extended THAT far, how would I go into a restaurant and order a "Coca Cola"? Or how would I start a picketing demonstration outside of City Hall, with signs that say "Coca Cola exploits its workers"?

The rights of a trademark owner only allow that owner (with certain exceptions) to prevent a "likelihood of confusion." So if you wrote a book that used "Craigslist" in the title but you made it clear that the book was not authorized by, sponsored by, approved by or otherwise affiliated with the company Craigslist in any way, that might be OK. There would be, in such a case, no likelihood of confusion.

Doing this may be a trick, however, and it isn't easy.

Intellectual property attorneys agree, the ultimate legal test of infringement is likelihood of confusion. In your hypothetical, would consumers think a movie called Craigslist is related to the online Craigslist? Would the name Craigslist in a title of the book cause consumers to think the book is related to the online Craigslist. I think the answer in both cases is yes, as the online Craigslist is so well-known. You can also consult with an intellectual property attorney in your area.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney