Legal Question in Intellectual Property in New Jersey

British vs American copyright

Hello,

I have an idea for a childrens book franchise. The name i want to use is already in use by a british company who makes wrappingpaper and little gifts to sell in stores. Is it copyright or trademark infringement if I try to get that same name copyrighted or trademarked in america? I know these gifts were sold in barnes and nobles a while ago, but when i went to the companies website there was nothing about this name i found. Also went on ebay to see if anyone is selling anything related to them and found 1 person in england seling a rollof wrapping paper.

Thanks!

Thanks!


Asked on 6/08/07, 8:47 am

1 Answer from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: British vs American copyright

The particular depiction of a company's logo may be a copyright issue if it is sufficiently artistic. This is easily avoided by using a different depiction/style.

Trademark is entirely a territorial issue, so as to the _registered_ trademark a UK mark confers no protection outside of the UK. However, in the USA, we have "common-law" trademark rights that arise from use of a mark in interstate commerce, so the UK owner already has established such rights by selling to the US market. You would want to consult with a trademark specialist on the issue of whether these "common-law" trademark rights could be infringed by your contemplated use.

I would also note that the childrens' book industry is saturated and hyper-competitive, so it likely makes no sense to invest money in securing rights to a US trademark unless you have negotiated with a publisher to produce and market your books.

Best wishes,

LDWG

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Answered on 6/08/07, 9:52 am


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