Copyright Help Needed
-
Drew Yeah it's complicated. They are also selling a product with same name, however although they talk about copyright & company name, i could not see anything on their website which says that XX is their company name. Would asking them about some proof would be rude? Regards
-
Hey Friends Does anybody has an idea of how this copyright stuff works? Does it works globally or is country specific? How to name a software product? Let's say i wish to have a name XX, now do i have to check whether that name has been copyrighted already? In case yes, where to check? Regards
These guys[^] might be helpful :) Seriously it's a complicated subject, if you have software you're trying to sell, see a real lawyer.
vikrant kpr wrote:
Does it works globally or is country specific?
Country specific. If you copyright something in the US, that doesn't necessarily mean it's copyrighted in India, and vice versa.
vikrant kpr wrote:
Let's say i wish to have a name XX, now do i have to check whether that name has been copyrighted already?
Names aren't copyrighted. That's what a trademark is for, at least in the US, and I think most of Europe as well (at least "old" Europe :) ). Copyrights are part of something called Intellectual Property. The holy trinity of copyright, trademark, and patents/trade secrets. Each covers a specific part of IP. Copyright has to do with what rights you (the author) grant to everyone else (the consumer) in regards to anything that you create, a book, a picture, music, software, etc. This is a pretty big topic, and the rules vary from place to place, so have fun and be prepared to completely doze off if you decide to read up on this on your own time.
¡El diablo está en mis pantalones! ¡Mire, mire! SELECT * FROM User WHERE Clue > 0 0 rows returned Save an Orange - Use the VCF! Personal 3D projects Just Say No to Web 2 Point Blow
-
yeah thanks. My english is not really good and i could not understand what does it means by making the software name lame. Does it mean make the software name very specific or something like nobody could imagin it?
-
Drew Yeah it's complicated. They are also selling a product with same name, however although they talk about copyright & company name, i could not see anything on their website which says that XX is their company name. Would asking them about some proof would be rude? Regards
vikrant kpr wrote:
Would asking them about some proof would be rude?
No it would not. They contacted you with a complaint. You are entitled to see if their complaint is valid. It is called discovery. Legally if they wanted to wrangle they would have to show how your company or product would cause a "moron in a hurry" confusion. Apple Records and Apple Computer were in a tangle over this. The judge pointed out that a "moron in a hurry" would not confuse a Mac Classic with a Beatles record. (The fact that Apple Records sued because the computers were doing sound was a sign of things to come.) Similar lawsuits have been filed many times. Now on your part, it sounds like they actually don't know what the hell they are talking about. Similar name doesn't mean copyrighted info. So they either think you stole the software wholesale and didn't change the name, or they are trying to scare you out of selling it. A lawyer would have said trademark. Ask them for the basis of the claim, what documentation they have indicating that you stole copyrighted info and be clear that you are treating this very seriously. If they insist it is copyright, ask them for the documentaion of their copyright and any applicable patents. Look to see if anyone has filed a trademark with that name. If it is a common name or something anyone would have come up with for the product you can use that as a basis for invalidating any trademark infringement cases. If you don't have the same company name, I really don't know why that was thrown in there.
-
In this context lame means: bad, stupid, or forgettable.
3x12=36 2x12=24 1x12=12 0x12=18
:-) Yeah got it Thanks
-
vikrant kpr wrote:
Would asking them about some proof would be rude?
No it would not. They contacted you with a complaint. You are entitled to see if their complaint is valid. It is called discovery. Legally if they wanted to wrangle they would have to show how your company or product would cause a "moron in a hurry" confusion. Apple Records and Apple Computer were in a tangle over this. The judge pointed out that a "moron in a hurry" would not confuse a Mac Classic with a Beatles record. (The fact that Apple Records sued because the computers were doing sound was a sign of things to come.) Similar lawsuits have been filed many times. Now on your part, it sounds like they actually don't know what the hell they are talking about. Similar name doesn't mean copyrighted info. So they either think you stole the software wholesale and didn't change the name, or they are trying to scare you out of selling it. A lawyer would have said trademark. Ask them for the basis of the claim, what documentation they have indicating that you stole copyrighted info and be clear that you are treating this very seriously. If they insist it is copyright, ask them for the documentaion of their copyright and any applicable patents. Look to see if anyone has filed a trademark with that name. If it is a common name or something anyone would have come up with for the product you can use that as a basis for invalidating any trademark infringement cases. If you don't have the same company name, I really don't know why that was thrown in there.
Brilliant :-) Yeah, they talk about Company Name & then they say about Copy Right, never mentioned tradekark. Searched in the Company's Country, the XX Company Name is available to Register :-) Searched Trademarks, could not find anything, but will have to search again. That's a relief, i was really scared. I did'nt did anything intentionally, but lots of people think alike :-)
-
Hey Friends Does anybody has an idea of how this copyright stuff works? Does it works globally or is country specific? How to name a software product? Let's say i wish to have a name XX, now do i have to check whether that name has been copyrighted already? In case yes, where to check? Regards
(disclaimer: I am by no means an expert on this subject) AFAIK if they show their company name/product name without a trademark sign (™), a registered sign (®), or a trademark/registration pending notice, and/or publish their text or software without a copyright sign (©), that is considered a sign these are NOT subject to trademark/copyright. In which case you can ignore them. Of course this works both ways. :)
Luc Pattyn [Forum Guidelines] [My Articles]
I only read code that is properly indented, and rendered in a non-proportional font; hint: use PRE tags in forum messages
-
Hey Friends Does anybody has an idea of how this copyright stuff works? Does it works globally or is country specific? How to name a software product? Let's say i wish to have a name XX, now do i have to check whether that name has been copyrighted already? In case yes, where to check? Regards
There are lot's of good answers here but my advice when coming up with a name is always check the domain first, it's a huge time saver before you get into more intensive trademark searching because anything that is anything these days has a domain registered under it. If you intend to sell globally online always check with and register your trademark in the U.S. no matter what country you live in. Securing that first is 90% of the battle. Basically the process is to narrow it down to a short list of names you absolutely *know* beyond a doubt aren't being used online anywhere in the world but particularly in the U.S., that have no similar sounding or spelled trademarks registered at the USPTO (which has an online searchable database). Once you've cleared that hurdle then you're ready to get a trademark lawyer involved or try to do it yourself if you really can't afford to. Names that are best are nonsense words that don't exist in the dictionary but are as short as possible and easily pronounced over the phone in the languages of your choice.
"Creating your own blog is about as easy as creating your own urine, and you're about as likely to find someone else interested in it." -- Lore Sjöberg
-
Hey Friends Does anybody has an idea of how this copyright stuff works? Does it works globally or is country specific? How to name a software product? Let's say i wish to have a name XX, now do i have to check whether that name has been copyrighted already? In case yes, where to check? Regards
This is too complicated a subject for you to under take yourself. If you contact these people, you may accidentally lock in a set of conditions that will ultimately work against you by miss stating a question or making a poorly phrased statement. Please get legal advice and let the attorney deal with them. If he is good and these guys are making a false claim, he should be able to finish it with a single letter.
modified on Wednesday, November 18, 2009 12:53 AM
-
Thanks buddy I have a Software Product which has a name. Now i receive an email that the name is established company and in using the product name i am contravening copyright legislation. The Email never talks about trademark. It talks of two things a) Says the name XX is the Company Name. b) I am contravening copyright legislation Now any idea what a) I should do now b) I should have done (like checking for copyright, company names, copy right and / or what else?)
A trademark is a copyrighted symbol. The trademark itself is only a marketing tool, but it has been designed (even if it is only a word) by a company or trader, and "registered"* as representing their company. If you use that symbol (which is a "text", i.e. can be words, images, or anything else that can be put on paper or displayed on a screen) without permission, you are in breach of copyright for using a trademark. So you only really have one option: 1. Use a different name. That may sound harsh, but it's fair. How would you feel if you had come up with the name first, then discovered that someone else was using it, and possibly profiting from or damaging your reputation? Interesting points: -- If the trademark is your name, then no-one can enforce a copyright to stop you using it, but you can be required to localise it -- e.g. if your name is Bill Microsoft, and you lived in the Bahamas, you could name your company "Microsoft Bahamas". Unfortunately, changing your name to take advantage of that is seen as sharp practice, and you could be penalised for it. -- You have to use the symbol as a symbol to be in breach of copyright. If it's a word and you use it as a word, no problem (ask anyone who lives in an adobe if they care about the opinions and desires of a US software company). * "Registered" can have any number of meanings, but, as with most copyright law, all you really have to do is decide that something is a trademark and use it as such, and it is covered by copyright law. If any kind person offers to charge you money for "registering" a trademark, feel free to tell him to take a hike.
I wanna be a eunuchs developer! Pass me a bread knife!
-
This is too complicated a subject for you to under take yourself. If you contact these people, you may accidentally lock in a set of conditions that will ultimately work against you by miss stating a question or making a poorly phrased statement. Please get legal advice and let the attorney deal with them. If he is good and these guys are making a false claim, he should be able to finish it with a single letter.
modified on Wednesday, November 18, 2009 12:53 AM
Funny coincidence that I came across this thread. I have a trademark name registered in both Canada and the US, for about 10 years now. I market my software under this name, as well as have most of the webdomains using this name registered to me. BUT, I have just become aware of a start up company in the US that are marketing their 'competing' product an related services with a small variation of my trademarked term. After concurring with my trademark lawyer that this 'appears' to be a violation, I am now faced with enforcing the trademark rights, probably at a fair cost. The problem is two fold. If I cannot prove that their use can be damaging to me, then I have given them the right to use the trademarked term. The second will be the cost, since I am in Canada and they are in the US. This is the price of doing business. Most of the information provided to you is to obtain legal advise. I could not agree more. This stuff is best left to the people that specialise in this area, especially when involved with another country. So, get legal advice first, then decide what you want to do at that point. Don't go it alone. Cheers!
-
Hey Friends Does anybody has an idea of how this copyright stuff works? Does it works globally or is country specific? How to name a software product? Let's say i wish to have a name XX, now do i have to check whether that name has been copyrighted already? In case yes, where to check? Regards
Here are the links you need to look at for authoritative information. http://www.copyright.gov/help/faq/[^] http://www.copyright.gov/help/faq/faq-general.html#protect[^] Basically, copyright protects content, trademarks protects words and phrases, patents protect ideas and products. You don't need to do anything to have copyright protection. It is automatically given the moment you create something new. If someone else independently creates a program that solves the same problem, they do not infringe on your copyright and you do not infringe on theirs. Ergo, unless you stole your program from this other company it is impossible for you to be infringing on their copyright. The name of your software might infringe on their trademark, which requires them to register the trademark and display the appropriate symbol next to the protected words or phrases. If they or someone else has patented (which is a major pain in the ass) the idea behind your program you might be infringing on someone's patent. You can tell if it is patented because that too has to be displayed prominently somewhere, or at least a patent pending warning. Hope this helps.
-
A trademark is a copyrighted symbol. The trademark itself is only a marketing tool, but it has been designed (even if it is only a word) by a company or trader, and "registered"* as representing their company. If you use that symbol (which is a "text", i.e. can be words, images, or anything else that can be put on paper or displayed on a screen) without permission, you are in breach of copyright for using a trademark. So you only really have one option: 1. Use a different name. That may sound harsh, but it's fair. How would you feel if you had come up with the name first, then discovered that someone else was using it, and possibly profiting from or damaging your reputation? Interesting points: -- If the trademark is your name, then no-one can enforce a copyright to stop you using it, but you can be required to localise it -- e.g. if your name is Bill Microsoft, and you lived in the Bahamas, you could name your company "Microsoft Bahamas". Unfortunately, changing your name to take advantage of that is seen as sharp practice, and you could be penalised for it. -- You have to use the symbol as a symbol to be in breach of copyright. If it's a word and you use it as a word, no problem (ask anyone who lives in an adobe if they care about the opinions and desires of a US software company). * "Registered" can have any number of meanings, but, as with most copyright law, all you really have to do is decide that something is a trademark and use it as such, and it is covered by copyright law. If any kind person offers to charge you money for "registering" a trademark, feel free to tell him to take a hike.
I wanna be a eunuchs developer! Pass me a bread knife!
"If you use that symbol ... without permission, you are in breach of copyright for using a trademark." This statement is not entirely correct. For one, while both copyright and trademark are related to intellectual property, they are two separate laws for two separate purposes. Copyright provides a limited time monopoly on a creative work. Trademark provides an unlimited monopoly on a term and/or logo in a specific industry. Trademark also requires action on the trademark holder to protect it in order for them to keep the trademark. Trademark does not equal copyright. U.S. trademark law does allow for using someone else's trademark for purposes of commentary or criticism. For example, I'm allowed to use a company's logo in a blog posting talking about that company. The law also allows the use of an existing trademark in a separate industry. For example, someone has used the Caterpillar trademark to make shoes rather than tractors. This is a legal usage as no consumer is going to confuse the shoe maker for the tractor maker. The purpose of trademark law is to protect consumers from being confused. The rule of thumb is the "Moron in a Hurry" test. If a moron in a hurry would not confuse the one company or product for the other then there is no trademark violation. "...all you really have to do is decide that something is a trademark and use it as such..." This is partially true. You can come up with a trademark and mark it with "TM" without registering it; however, that will only provide you with local protection, not national or international protection. It also does not allow you to sue for damages. The best you can do is sue for a cease and desist if someone uses the same name locally. You can only mark a trademark with an R surrounded by the circle if it is a registered trademark. Registering allows you to sue for damages and give you the trademark throughout the U.S. In copyright everything that can be copyrighted is automatically copyrighted whether it is marked as so or not. But, as with trademark, unless the copyright is registered you cannot sue for damages. In this case, if the poster is in a separate industry (e.g. he has software but the other company makes boats) then he is on good legal grounds in the U.S. to keep using the trademark. If they are both software companies then he will probably have to change the name, unless the accusing company has not registered the trademark and isn't in the poster's local area. Finally, even if the poster is on solid legal grounds for conti
-
hi Thanks a lot. I am looking at the website right now and will try to understand to my best. Regards
Just a small warning - maybe. Most of the advice in this thread seems to be about US Law. I see you are in the UK. Whilst the two legal systems are broadly similar, there will be small differences. Your best advice will be to contact a UK Solicitor who is a specialist in Copyright and Trademarks. Do not contact the firm that is making the allegations - not even acknowledge any correspondence - without taking professional advice.
-
Hey Friends Does anybody has an idea of how this copyright stuff works? Does it works globally or is country specific? How to name a software product? Let's say i wish to have a name XX, now do i have to check whether that name has been copyrighted already? In case yes, where to check? Regards
About (c) stuff - I would say it's country specific, eg. I read that MagicISO is made by Chinese company and they ripped of GPL-ed code for reading PowerISO's daa image files, and in my country people can get away with murder - literary (mobster had 3 trials for murder with rocket launcher (yea, funny, but I am not kidding), and is released every time - go figure) :doh: IMO GPL & similar versions are simply limiting and counter-productive, the CodeProject license is, beside MIT and likes, the best you can find for open source code. But for proprietary apps, who would knew anyway, you can't tell from native machine code. (Arrrrrrrgh, mates) ;) App name - well, normally you would want a unique distinguishing name, at least make it a little different from the taken one. I usually google for names that might be appropriate for my stuff. Or you can do it like they did it with Handbrake - now, would you guess from the name that it is a video transcoder app? - me neither. If nothing else, it has to be catchy.
-
"If you use that symbol ... without permission, you are in breach of copyright for using a trademark." This statement is not entirely correct. For one, while both copyright and trademark are related to intellectual property, they are two separate laws for two separate purposes. Copyright provides a limited time monopoly on a creative work. Trademark provides an unlimited monopoly on a term and/or logo in a specific industry. Trademark also requires action on the trademark holder to protect it in order for them to keep the trademark. Trademark does not equal copyright. U.S. trademark law does allow for using someone else's trademark for purposes of commentary or criticism. For example, I'm allowed to use a company's logo in a blog posting talking about that company. The law also allows the use of an existing trademark in a separate industry. For example, someone has used the Caterpillar trademark to make shoes rather than tractors. This is a legal usage as no consumer is going to confuse the shoe maker for the tractor maker. The purpose of trademark law is to protect consumers from being confused. The rule of thumb is the "Moron in a Hurry" test. If a moron in a hurry would not confuse the one company or product for the other then there is no trademark violation. "...all you really have to do is decide that something is a trademark and use it as such..." This is partially true. You can come up with a trademark and mark it with "TM" without registering it; however, that will only provide you with local protection, not national or international protection. It also does not allow you to sue for damages. The best you can do is sue for a cease and desist if someone uses the same name locally. You can only mark a trademark with an R surrounded by the circle if it is a registered trademark. Registering allows you to sue for damages and give you the trademark throughout the U.S. In copyright everything that can be copyrighted is automatically copyrighted whether it is marked as so or not. But, as with trademark, unless the copyright is registered you cannot sue for damages. In this case, if the poster is in a separate industry (e.g. he has software but the other company makes boats) then he is on good legal grounds in the U.S. to keep using the trademark. If they are both software companies then he will probably have to change the name, unless the accusing company has not registered the trademark and isn't in the poster's local area. Finally, even if the poster is on solid legal grounds for conti
Rich Koshak wrote:
The law also allows the use of an existing trademark in a separate industry. For example, someone has used the Caterpillar trademark to make shoes rather than tractors. This is a legal usage as no consumer is going to confuse the shoe maker for the tractor maker.
:laugh: :laugh: http://en.wikipedia.org/wiki/Caterpillar,_Inc.#Business_lines[Um I don't think so^] Caterpillar make boots... ---I only know this because I got my dad a par a while back.. good outdoor work boots...:cool:
-
Here are the links you need to look at for authoritative information. http://www.copyright.gov/help/faq/[^] http://www.copyright.gov/help/faq/faq-general.html#protect[^] Basically, copyright protects content, trademarks protects words and phrases, patents protect ideas and products. You don't need to do anything to have copyright protection. It is automatically given the moment you create something new. If someone else independently creates a program that solves the same problem, they do not infringe on your copyright and you do not infringe on theirs. Ergo, unless you stole your program from this other company it is impossible for you to be infringing on their copyright. The name of your software might infringe on their trademark, which requires them to register the trademark and display the appropriate symbol next to the protected words or phrases. If they or someone else has patented (which is a major pain in the ass) the idea behind your program you might be infringing on someone's patent. You can tell if it is patented because that too has to be displayed prominently somewhere, or at least a patent pending warning. Hope this helps.
Hey Buddy Thanks a lot, yes it does helps. Still 1 question Let's say i am selling some software with name XX and after some time (let's say after 3 months), someone registers the name XX as trademark or patent. Now whether i am supposed to rename or delete my product? (Sounds incorrect to me) Regards
-
Hey Buddy Thanks a lot, yes it does helps. Still 1 question Let's say i am selling some software with name XX and after some time (let's say after 3 months), someone registers the name XX as trademark or patent. Now whether i am supposed to rename or delete my product? (Sounds incorrect to me) Regards
Once again, Google is your friend. http://www.uspto.gov/ http://www.uspto.gov/trademarks/basics/index.jsp http://www.uspto.gov/trademarks/basics/register.jsp Basically it would be wise for you to register your mark, as that provides you with legal options and protections, but it is not a requirement so long as you can prove you were legitimately using the mark first. However, if you do not register your mark you cannot prevent others from also using it. Please note, this is all from a lay person reading what is on official federal sites. Talk to a lawyer before taking any actions or responding to those who try to take action against you.