Question about naming my companies exercise dvd at DVinfo.net

Richard Smith · December 28th, 2006, 05:32 PM

I'm just finishing up on an instructional exercise dvd. We came up with a name and I was just wondering if I had to go to an attorney and get it trademarked? The name (of the dvd) involves the last name of the host, so I was told by a friend in the business that it's somehow 'automatically' trademarked. I could use some clarification on this issue.

Thanks guys, the information is much appreciated. This site has been extremely helpful

Richard

Peter Wiley · December 28th, 2006, 06:22 PM

You cannot trademark a word or phrase, as I understand it, until the word or phrase is being used in business or trade -- this may be what your friend has in mind.

I am not sure you can trademark a title for a single work (there is no copyright on titles), although I see series titles trademarked, e.g. "The Firm" in the case of excercise videos.

Why not look at: http://www.uspto.gov/main/trademarks.htm

Don Donatello · December 28th, 2006, 06:37 PM

i have a nephew that got a trademark on his clothing company (approx 10K year sales) name about 8 years ago .. a few years after he got the tademark there was a bar using the name in another state - they worked out a "deal" ... about 4 years ago a clothing company in NY was using the name ( they had registered the name in NY) after a few months of attorneys going back and forth they made a LARGE 6 figure offer for the name - nephew turned them down - they changed their name ..and my nephews company hasn't made any clothes for past 3 years BUT hey he still has the name !!!!

do not believe that just because it's somebody's last name it is auto trademark ...

Bill Davis · December 30th, 2006, 02:15 AM

You "automatically" hold the copyright as the creator of the work. But copyright and trademark are two different animals.

You need the advice of a qualified intellectual property attorney if you have any serious business questions about trademarks.

This area (copyrights, trademark, and patents) has more BS floating around the web than any topic this side of alien sightings.

Oh, and good luck with your product!

Richard Smith · January 1st, 2007, 03:21 AM

Thanks for the help guys. I'll contact an attorney just to be on the safe side.

December 28th, 2006, 05:32 PM	#1
Richard Smith New Boot Join Date: Jul 2006 Location: Tampa, Fl Posts: 16	Question about naming my companies exercise dvd I'm just finishing up on an instructional exercise dvd. We came up with a name and I was just wondering if I had to go to an attorney and get it trademarked? The name (of the dvd) involves the last name of the host, so I was told by a friend in the business that it's somehow 'automatically' trademarked. I could use some clarification on this issue. Thanks guys, the information is much appreciated. This site has been extremely helpful Richard

December 30th, 2006, 02:15 AM	#4
Bill Davis Trustee Join Date: Jan 2004 Location: Scottsdale, AZ 85260 Posts: 1,538	Not really... You "automatically" hold the copyright as the creator of the work. But copyright and trademark are two different animals. You need the advice of a qualified intellectual property attorney if you have any serious business questions about trademarks. This area (copyrights, trademark, and patents) has more BS floating around the web than any topic this side of alien sightings. Oh, and good luck with your product!

December 28th, 2006, 06:22 PM	#2
Peter Wiley Major Player Join Date: Apr 2002 Location: Lewisburg PA Posts: 752	You cannot trademark a word or phrase, as I understand it, until the word or phrase is being used in business or trade -- this may be what your friend has in mind. I am not sure you can trademark a title for a single work (there is no copyright on titles), although I see series titles trademarked, e.g. "The Firm" in the case of excercise videos. Why not look at: http://www.uspto.gov/main/trademarks.htm

December 28th, 2006, 06:37 PM	#3
Don Donatello Hawaiian Shirt Mogul Join Date: Nov 2001 Location: northern cailfornia Posts: 1,261	i have a nephew that got a trademark on his clothing company (approx 10K year sales) name about 8 years ago .. a few years after he got the tademark there was a bar using the name in another state - they worked out a "deal" ... about 4 years ago a clothing company in NY was using the name ( they had registered the name in NY) after a few months of attorneys going back and forth they made a LARGE 6 figure offer for the name - nephew turned them down - they changed their name ..and my nephews company hasn't made any clothes for past 3 years BUT hey he still has the name !!!! do not believe that just because it's somebody's last name it is auto trademark ...

January 1st, 2007, 03:21 AM	#5
Richard Smith New Boot Join Date: Jul 2006 Location: Tampa, Fl Posts: 16	Thanks for the help guys. I'll contact an attorney just to be on the safe side.