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Old 22nd February 2007, 3:14pm   #1
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Copyright question

Quick copyright question, although I'm pretty sure of the answer.

There seems to be another Deadboy Designs making tshirts etc in the States. Do I have any right to ask them to stop?

observe: http://www.acidrap.com/hellavastore.html

I'm guessing No since a) it's in the States and b) I don't actually have Deadboy Designs officially registered anywhere.
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Old 22nd February 2007, 3:29pm   #2
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Re: Copyright question

It's not a copyright problem, it's a trademark problem.

You do have to register trademarks in this country, (wheras you don't need to "do" anything to be protected by copyright) and I think in each country you wanna be able to enforce your trademark in.

My understanding is that it's not just a name you trademark, it's kind halfway between a word and a logo - a kinda theamatic thing.

So "Coke" isn't a trademark but the word "coke" with particular colour schemes, in particular groups of fonts, is.

It's a complicated topic and I was told by someone who spent a lot of money on lawyers looking into exactly how similar to each other the names of different businesses can be, that big companies like Coke get around it by registering trademarks in every conceivable formatting of that word.

Anyhow, if they do have a valid trademark for Deadboy Designs (in this country), and it's in a similar field, you could run into trouble.

How the international aspect affects things is very open to question I think.
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Old 22nd February 2007, 3:41pm   #3
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Re: Copyright question

Yeah that's pretty close to what I was thinking. I don't actually see TM marks anywhere on their site mind you...

Unfortunately registering trademarks is an expensive business... and one that still won't guarantee you won't get fucked over, for the reasons you've mentioned.

It wouldn't be a problem if there was no chance of us getting mixed up, but 2 Deadboy Designs trading in cartoon skulls is a bit too close for comfort.

I might just email them and ask if they'd mind changing the name a wee bit. I'll be amazed if they say yes but you never know.
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Old 22nd February 2007, 3:42pm   #4
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Re: Copyright question

Building on what Toast said - you have two types of Trademark, registered designs, and unregistered designs, but they have to be distinctive. You're governed by the Trademark Act 1994, because you reside in Britain.

"In this Act a "trade mark" means any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings."
The American Acts are very similar to this.

The long and short of it is that you can't trade under Deadboy in the US, because they already are, and have repuatation attached to that mark. You're not trading in the US (I think?), and have no reason to believe that anything they're doing infringes on your reputation in this country. The reverse is true of the other company - they can't come over here and trade.

To have it applied internationally, you need to file a convention trademark (there are international treaties covering intellectual property, including TMs and copyright) - but you can't do this if it infringes on another TM elsewhere - it's a very tricky area. If you're genuinely concerned about it, I'd speak to an IP lawyer.

Edit: You don't need to have registered anything to have a trademark, btw. This is why you see the (R) and TM signs - (R) is a registered trademark - TM is built up through reputation (very loose description).

You might run into sticky territory asking them to change their name if they've been around longer than you, so tread carefully.
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Old 22nd February 2007, 3:48pm   #5
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Re: Copyright question

As a sidenote, writing ™ on your design means nothing (legally). It can be enough to scare off the uninformed though. If you own a registered Trade Mark, that’s when you place a small ® in the design.
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Old 22nd February 2007, 4:04pm   #6
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Re: Copyright question

Looks like their clothing line is new last month... it's an imprint of a hip hop label. Looks like they've generally got a lot more cash than me, which doesn't bode well for me.

I've been thinking of ditching the Deadboy Designs name for a while anyway mind you. It's just unfortunate that I've built up a heavy association and web presence with it.
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