Licensing question
August 18, 2005 11:24 AM Subscribe
Where can I find out if a specific name has a license attached to it?
Take King Kong for instance. I have heard that the title "King Kong" (alone, without the "8th Wonder of the World" part) is in the public domain and that anyone can use it without having to pay royalties or obtain a licensing contract. But how would I find out for sure, without paying a lawyer?
Take King Kong for instance. I have heard that the title "King Kong" (alone, without the "8th Wonder of the World" part) is in the public domain and that anyone can use it without having to pay royalties or obtain a licensing contract. But how would I find out for sure, without paying a lawyer?
Names are not copyrightable. A trademark designates the origin of a good (or service) offered to the public, and names can be trademarks in some circumstances. Registration is not required, but you can search for registered marks.
Trademark law is too much to summarize in a short answer. Read up on it if you plan to re-use a well-known title. If your title merely intersects with someone else's (your book is titled "Earth", there happens to be another book about a random subject titled "Earth"), you have little to fear. If you're trading on their reputation (your book titled "King Kong" is about a 100-foot tall ape that terrorizes Manhattan) you have much more to fear.
posted by jellicle at 12:24 PM on August 18, 2005
Trademark law is too much to summarize in a short answer. Read up on it if you plan to re-use a well-known title. If your title merely intersects with someone else's (your book is titled "Earth", there happens to be another book about a random subject titled "Earth"), you have little to fear. If you're trading on their reputation (your book titled "King Kong" is about a 100-foot tall ape that terrorizes Manhattan) you have much more to fear.
posted by jellicle at 12:24 PM on August 18, 2005
Response by poster: These are great answers - thanks. I'm thinking more along the lines of a product - like I create a sculpture based off of the original King Kong and want to sell copies of it, using "King Kong" in my title...
posted by shoppingforsanity at 1:27 PM on August 18, 2005
posted by shoppingforsanity at 1:27 PM on August 18, 2005
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posted by delmoi at 11:52 AM on August 18, 2005