.....what if ???? at DVinfo.net

Fer Chu · January 27th, 2005, 09:08 PM

What if.. you used to broadcast a Tv show on a local level on 1998... with a "name".....
then in 2004... you relaunch that same tv show, with the same "name" on another Tv market!
You never register the "name" with the copyright office because you were young and didn't wanted to do all that stuff back then plus you were reading that """ registration is not a condition of copyright protection"""....
and then... you find out about a new Tv show on a cable network with the same "name" of your show that you started on 1998 and you have proof of the year in a newpaper article..!

Can they tell you something for having the same name..??
can you tell them something?
What can happen??
Any comments???

Muchos Garcias!

Rhett Allen · January 27th, 2005, 09:39 PM

There is something called "Common Law" whereby you own a copyright to any and all works of art you create at the time of their creation and for a period of 70 years AFTER you die. Unfortunately, it may not apply to this.

I'm going to stop right there because your information is pretty vague still and this is a complicated issue. If you feel that someone has stolen your show or idea, you should contact an attorney. Not just any attorney either, you need to specifically speak with an Intellectual Property Attorney. It is a very specific field. You can usually find one in the phonebook under Attorneys-Trademark or Attorneys-Copyright. They should even be able to help you decide whether it is worth while to come in while you're on the phone.

Fer Chu · January 27th, 2005, 10:29 PM

thanks a lot.. i am pretty much just taking about the name of the show!
I am also thinking about contacting a lawer to see whats the deal with all this!

tahns again!

Bud Younke · January 27th, 2005, 10:39 PM

I would talk to a lawyer, but as I understand the law, you cannot copyright a title, it can be a trademark, or perhaps service mark, however. In this case it would be an unregistered trademark or service mark. Now it has been 6 years since you have "traded" under this mark, and that may be considering abandonment of the mark, and I would think particularly if it is unregistered. Even if you could still claim the mark by prior useage, then the best you could probably hope to achieve is a cease and desist order, since it was never regitered.
**Disclaimer** I'm not a lawyer, never played one on TV and I didn't stay at a Holiday Inn Express last night. The above information is my interpretation of the law from reading and research. That opinion and a buck still may get you a cup of coffee. As always confer with an IP attorney, but at least this may give you some direction to research on your own before contacting an attorney...

January 27th, 2005, 09:08 PM	#1
Fer Chu New Boot Join Date: Dec 2004 Location: United States Posts: 7	.....what if ???? What if.. you used to broadcast a Tv show on a local level on 1998... with a "name"..... then in 2004... you relaunch that same tv show, with the same "name" on another Tv market! You never register the "name" with the copyright office because you were young and didn't wanted to do all that stuff back then plus you were reading that """ registration is not a condition of copyright protection""".... and then... you find out about a new Tv show on a cable network with the same "name" of your show that you started on 1998 and you have proof of the year in a newpaper article..! Can they tell you something for having the same name..?? can you tell them something? What can happen?? Any comments??? Muchos Garcias! __________________ "Innovation distinguishes between a leader and a follower." Steve Jobs

January 27th, 2005, 10:29 PM	#3
Fer Chu New Boot Join Date: Dec 2004 Location: United States Posts: 7	thanks a lot.. i am pretty much just taking about the name of the show! I am also thinking about contacting a lawer to see whats the deal with all this! tahns again! __________________ "Innovation distinguishes between a leader and a follower." Steve Jobs

January 27th, 2005, 10:39 PM	#4
Bud Younke Regular Crew Join Date: Oct 2004 Location: Altoona, PA Posts: 28	I would talk to a lawyer, but as I understand the law, you cannot copyright a title, it can be a trademark, or perhaps service mark, however. In this case it would be an unregistered trademark or service mark. Now it has been 6 years since you have "traded" under this mark, and that may be considering abandonment of the mark, and I would think particularly if it is unregistered. Even if you could still claim the mark by prior useage, then the best you could probably hope to achieve is a cease and desist order, since it was never regitered. Disclaimer I'm not a lawyer, never played one on TV and I didn't stay at a Holiday Inn Express last night. The above information is my interpretation of the law from reading and research. That opinion and a buck still may get you a cup of coffee. As always confer with an IP attorney, but at least this may give you some direction to research on your own before contacting an attorney... __________________ http://theundergroundtv.com Unsigned music television

January 27th, 2005, 09:39 PM	#2
Rhett Allen Major Player Join Date: Mar 2002 Location: Plano, TX Posts: 607	There is something called "Common Law" whereby you own a copyright to any and all works of art you create at the time of their creation and for a period of 70 years AFTER you die. Unfortunately, it may not apply to this. I'm going to stop right there because your information is pretty vague still and this is a complicated issue. If you feel that someone has stolen your show or idea, you should contact an attorney. Not just any attorney either, you need to specifically speak with an Intellectual Property Attorney. It is a very specific field. You can usually find one in the phonebook under Attorneys-Trademark or Attorneys-Copyright. They should even be able to help you decide whether it is worth while to come in while you're on the phone.