Good morning, signatures!
Disney only owns the copyright of the Pluto *character*. They do not
own the copyright on the word "Pluto" - you cannot copyright a single
word or name, but you can sometimes trademark it:
"# Can I copyright the name of my band?
No. Names are not protected by copyright law. Some names may be
protected under trademark law. Contact the U.S. Patent & Trademark
Office, (800) 786-9199, for further information."
US Copyright Office FAQ - Can I copyright the name of my band?
http://www.copyright.gov/faq.html#q43
"# How do I copyright a name, title, slogan or logo?
Copyright does not protect names, titles, slogans, or short phrases.
In some cases, these things may be protected as trademarks. Contact
the U.S. Patent & Trademark Office at (800) 786-9199 for further
information. However, copyright protection may be available for logo
art work that contains sufficient authorship. In some circumstances,
an artistic logo may also be protected as a trademark."
US Copyright Office FAQ - How do I copyright a name, title, slogan, or
logo?
http://www.copyright.gov/faq.html#q44
Copyright and trademark apply to two entirely different things -
copyright to "artistic works" (like the Pluto character), trademark to
things like brand names and company logos:
"Copyright is a form of protection provided by the laws of the United
States (title 17, U.S. Code) to the authors of “original works of
authorship,” including literary, dramatic, musical, artistic, and
certain other intellectual works. This protection is available to both
published and unpublished works."
What Is Copyright?
http://www.copyright.gov/circs/circ1.html#wci
"Do Trademarks, Copyrights and Patents protect the same things?
No. Trademarks, copyrights and patents all differ. A copyright
protects an original artistic or literary work; a patent protects an
invention. For copyright information, go to
http://lcweb.loc.gov/copyright/. For patent information, go to
http://www.uspto.gov/main/patents.htm."
TRADEMARK, COPYRIGHT OR PATENT?
http://www.uspto.gov/web/offices/tac/doc/basic/trade_defin.htm
What you're really looking for is trademark information!
Searching the US Patent and Trademark Office database returns 42
results for trademarks containing "Pluto", all for various products
and services. Disney's dog is not trademarked, oddly, but as an
"artistic work", is protected under US Copyright Law.
Pluto itself is in common enough usage that no single entity can claim
sole trademark rights to the word - before Disney's dog, we also had
the planet and the Lord of the Underworld to contend with!
To have a look at the kinds of companies that have registered Pluto as
their trademark (usually with a distinctive logo), have a look at the
USPTO database. Select New User Form, leave all of the default buttons
ticked, and enter Pluto. (The USPTO doesn't allow links to results.
The system automatically expires them.):
Trademark Search
http://tess2.uspto.gov/bin/gate.exe?f=tess&state=gdtm3f.1.1
Since you asked about copyright, but your question really involves
trademark, that brings us to an amended question: Is there anything
in Federal Trademark Law that prevents you from trademarking the Pluto
brand name and a unique logo in relation to your particular brand of
technology?
Probably not.
I can't give you a definite answer because the US Patent and Trademark
Office is the final arbiter of what can and cannot be trademarked.
You can get a good jump on being granted a trademark for your
technology's name by following a few easy steps:
--Give public notice of your use or intent to use the trademark
(include "Pluto Technology is a trademark of Pluto Technolocigal
Widgets, Inc." on correspondence, packaging, advertisement. This is
called a "common law" trademark)
--For trademarks registered with the US Patent and Trademark Office,
place the ® symbol in the upper right-hand corner of the mark or
display the words "Registered in the U.S. Patent and Trademark Office"
at the bottom of whatever medium the trademark appears on.
--For unregistered trademarks, use the TM sign in the upper right hand
corner of the trademark. If you have not officially registered your
trademark, you MAY NOT use the ® symbol. Doing so may cause your
application to be rejected on the basis of falsely claiming
registration, and courts won't enforce your rights against
infringement if you falsely claim registration.
Correctly Using a trademark in your daily business
http://www.arvic.com/library/useoftm.asp
[ I strongly suggest you read the entire article cited, as it
discusses trademark quite fully. ]
To fully protect your trademarkm you'd want to register it with the
USPTO. They do outline what is required to be granted a registered
trademark:
"After the USPTO determines that you have met the minimum filing
requirements, the application is forwarded to an examining attorney.
This may take a number of months. The examining attorney reviews the
application to determine whether it complies with all applicable rules
and statutes and includes all required fees. Federal registration of
trademarks is governed by the Trademark Act of 1946, 15 U.S.C. §1051
et seq., and the Trademark Rules of Practice, 37 C.F.R. Part 2.
[...]
Are there other reasons the examining attorney might refuse my mark?
Yes. In addition to likelihood of confusion (discussed above), an
examining attorney will refuse registration if the mark is:
* primarily merely descriptive or deceptively misdescriptive of the
goods/services;
* primarily geographically descriptive or primarily geographically
deceptively; misdescriptive of the goods/services;
* primarily merely a surname; or
* ornamental.
This is not a complete list of all possible grounds of refusal. See
Chapter 1200 of the Trademark Manual of Examining Procedure (TMEP),
available at http://www.uspto.gov/web/offices/tac/tmep/, for a
complete discussion of the grounds for refusal of registration of a
mark."
LEGAL AND PROCEDURAL REVIEW OF APPLICATION
http://www.uspto.gov/web/offices/tac/doc/basic/afterapp.htm#legal
Additionally, there are a number of articles devoted to trademark
education which may interest you:
Learn About Trademarks
http://www.mycorporation.com/tminfo/faq.htm
A Guide To Trademarks
http://www.wsrgm.com/tm.html
How To Protect A Trademark
http://www.ip-law.co.il/DomainNames/howtotm.htm
...and the best source of information for matters of trademark:
US Patent and Trademark Office
http://www.uspto.gov
The short of it is this: As long as you're not using Disney's dog to
promote your new technology, you're in the clear! Good luck! Please
do come back and let us know how everything works out!
Of course, if you need further assistance, don't hesitate to ask for
clarification. I'll be happy to help.
--Missy
Search terms: [ "copyright a name" ], [ trademark ] |
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