GoDaddy user reviews : Advise I try GoDaddy?? Copyright VS Trademark

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Can I assume that a copyright is just as legit as a trademark in terms of whether or not to reg a name I found?..

Comments (7)

It's not names that are copyrighted but pieces of work, whether they be music, movies, products, websites, etc. I've got typos of a copyrighted site that isn't trademarked and Fabulous hasn't yanked them yet, so I don't think it really matters. However, I would be more apt to make sure the place doesn't have a trademark if the site is copyrighted, since they probably do for the most part...

Comment #1

You can't copyright a piece of text... but you can trademark. Making Trademarking the 'way to go' when protecting a domain...

Comment #2

Actually, yeah, you can. It cannot be a short phrase or similar, however, seeing that phrases are used a billion times a day. There are many things that cannot be copyrighted. Check out the cans/cannots here: US Library of Congress: Copyright Division.

I think you were referring to phrases. If so, you are correct no one can copyright them...

Comment #3

Moved to legal, just to keep things in order.


Comment #4

Not really. Familiar phrases are trademarked/copyrighted as slogans by companies all the time, and then used in magazine and TV advertising. Such phrases are also copyrighted within the use of media-related products including movie titles, for instance "Nick Of Time," starring Johnny Depp...

Comment #5

Also a 4 Grammy winning album and tune by Bonnie Raitt, "Nick Of Time"..

Hmmm, copyright?..

Comment #6

A Trademark is a Mark that is used in Trade. The mark can be a word, such as Apple, it can be a picture, such as the Apple logo, or a phrase such as finger licking good. Any person or company acquires a trademark by using their mark in trade. They may also register their mark in any number of places. The same Mark may be claimed/held/registered by a number of companies Trading in different industries and places.

A copyright is a right that protects creative works. Creative works could be a book, a movie, painting, a website design, website content, even a building design.

Copyright does not protect names, titles, slogans, or short phrases US Copyright Off. So "Nick Of Time" is not copyrighted. The movie is, but don't worry about having to pay Johnny Depp a nickel every time you say He got there in the nick of time.

So in the context of a domain name copyright is largely irrelevant. The name is simply not long enough. Where copyright is an issue for a domain name is when a word of phrase has trademark protection because it is associated with a certain work. For example, you can't simply register the name of every major place and character in this weeks top selling book because those names have become trademarks...

Comment #7

This question was taken from a support group/message board and re-posted here so others can learn from it.


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