Copywrite On Business Name??

Business By joy5678 Updated 27 Jul 2008 , 5:58pm by weirkd

joy5678 Posted 27 Jul 2008 , 7:05am
post #1 of 5

I met someone who is opening a new shop and the name of the shop is going to be the same as the name of a current top selling decorating book. Does anyone know if this is an infringement on the copyrite law? Can she get in trouble for this? I'm concerned for this lady even though I don't know her. I mentioned to her that she may want to check in on it, but am wondering about it for my own info. also.

4 replies
indydebi Posted 27 Jul 2008 , 12:48pm
post #2 of 5

This is the kind of stuff that I use an attorney for. Get it right from the git-go, dont' just guess about what can or can't be done.

Contrary to popular belief, attorneys are not that expensive. A know a number of businesses that also use that pre-paid legal service that costs them about $25 a month. They get WAY more than $25 worth of service from it.

joy5678 Posted 27 Jul 2008 , 5:02pm
post #3 of 5

Thanks Deb, I will probably do the pre-paid thing when I finally go into business. I'm just concerned for this girl because I know she is investing alot, but didn't seem too concerned about the name thing. Hate for her to find out "too late", if it is a problem. (guess I need to tend to my own business) icon_smile.gif

loriemoms Posted 27 Jul 2008 , 5:42pm
post #4 of 5

It also I guess depends on the name. Like is the book name "Yummy Cake" then sure, she can use that name. I have seen stores named War and Peace and the Fox and The Hound (both book names). But I guess the best thing is to ask an attorney...Especailly if it is like "Collette Peters Delicious Cakes"..

weirkd Posted 27 Jul 2008 , 5:58pm
post #5 of 5

I think it depends on the person their taking it from. There used to be a restaurant called Margaritaville in Mystic, CT and it was that way for years until celebs started opening up their own and Jimmy Buffet found out his famous song was being used as a restaurant name already. So he sued them and they had to change the name to Margarita's instead. So she is better off making it close but not the same. It might eventually bite her in the butt!

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