Legal Question in Intellectual Property in District of Columbia

Copyright law

I want to use the name ''Amelia'' as in Amelia Earhart in a business venture -- a cafe. Is this name copyrighted? Do I need pay for its use? To whom? If so, what is a reasonable amount to pay? Thanks.


Asked on 5/07/03, 9:05 pm

3 Answers from Attorneys

Daniel Press Chung & Press, P.C.

Re: Copyright law

It's not a copyright issue, it's a trademark issue. Whether a particular mark is available depends on a number of factors - you need to have a trademark search done, and then you should consider registering the mark if it's available. We do trademark searches and registrations if you are interested.

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Answered on 5/07/03, 9:53 pm

Re: Copyright law

This is a trademark question, not a copyright question. You need to determine a few things: First, do you want state or federal protection for use of the mark. Sencond, Is the mark already registered under the relevant laws? If the mark is laready registered, is it registered for a restaurant? If yes, then you still may be able to get protection under federal laws by using a design logo instead of a word mark. Please feel free to contact me if you would like to discuss this issue further.

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Answered on 5/18/03, 2:05 pm
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Copyright law

You need to contact the corporation comission in the District to see if the name is available for your use. If so, pay the fee and reserve it. You also need to consider filinf federal registration for a trademark. What type of restaurant are you opening? What will be the theme? let me know and I'll be a customer!

Good luck!!!

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Answered on 5/08/03, 4:50 am


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