Comments

Former users wrote on 4/29/2016, 3:00 PM
[url=http://www.thelaw.com/law/are-song-titles-lyrics-protected-by-copyright-or-trademark-law.317/]

This might give you some information.
vtxrocketeer wrote on 4/29/2016, 3:02 PM
Not meaning to be snarky at all: perhaps ask IP legal advice of a lawyer, not an internet forum. I'm an attorney, and so it's hard to bite my tongue whenever these topics arise, and especially when the resulting bad/incorrect advice is offered by the uninformed.

(And if you do somehow head down a wrong path, do you really want to have published your thinking to a public forum?)
craftech wrote on 4/29/2016, 3:15 PM
OK vtxrocketeer,

You joined in 2008 and I have been a member since 2002 so I have a very good understanding of the forum. Most members don't assume the worst.

To be specific, the woman is a musical theater performer who wants to also do personal training. She is looking for a business name that blends the two and does NOT have a problem paying for a business name if she has to.

-------------------------------------------------
Thanks for the link to the website Donald. It answers a lot of questions. Here is another:

Titles and the Law: Can I Call My Novel "The Great Gatsby"?

http://www.copyright.gov/circs/circ34.pdf]Copyriht Protection Not Available for Names Titles or Short Phrases


John
Larry Clifford wrote on 4/29/2016, 3:22 PM
Mr rocketeer:

I just looked at your Internet sight out of curiosity.

I like the samples, especially the choral. That is my favorite type of music.

You definitely lead a full life being an attorney and creating videos.
vtxrocketeer wrote on 4/29/2016, 3:25 PM
Most members don't assume the worst.

Most don't practice law.

Anyway, glad you found some guidance. ;)
musicvid10 wrote on 4/29/2016, 3:25 PM
After registering a trade name in your State, another entity can sue you if they think the name is too much like something they own. In fact, you could have a successful business going before they discover the similarity and claim you profited from it.

That's why it's best to have your ducks in a row first, with a search and opiinion from an attorney who deals in such things. That's not legal advice, just experience speaking.

vtxrocketeer wrote on 4/29/2016, 3:29 PM
@Larry, thanks for the compliment. Full life, yes. The cerebral is balanced by the creative. I try to keep the two separate.
craftech wrote on 4/29/2016, 3:35 PM
Examples:

http://www.fitloose.nl/page/fitloose-homepage

http://fitloosehealth.com/

vtxrocketeer, I have to agree with Larry. You have some beautiful stuff on your website

John

vtxrocketeer wrote on 4/29/2016, 3:54 PM
@John, hope you understand I chimed in to be helpful, not antagonistic. musicvid hit the nail on the head. ( Hopefully his "experience" was not as a client.) You *can* get a lot of advice and answers in front of your computer, but its the specific application of law to your (your friend's) facts that can be a minefield. I hate to sound elitist, but real legal advice, even one hour -- and it doesn't have to be expensive -- would do you well, I believe.

(And thanks for the compliments on my work. Wish I could post more videos, but I don't have client permission.)
craftech wrote on 4/29/2016, 3:58 PM
I appreciate the thought vtx. I called her already and she decided that IF she does use a modified name she will contact the publisher directly and ask. That seems like the best solution.

Appreciate the input though.

Regards,

John
musicvid10 wrote on 4/29/2016, 4:31 PM
My long trip through the minefields has been aided by two simple rules:
1. Ask permission first. Don't try to dodge or rationalize a usage issue, just ask. The very worst thing they can do is say "no."

PS, don't ask Disney to use one of their names or a derivation.

John_Cline wrote on 4/29/2016, 6:19 PM
Apparently, even using the family name has gotten contentious:

‘Zappa Plays Zappa’ Pits Zappa vs. Zappa
Tim Stannard wrote on 5/1/2016, 1:22 PM
Wow! Zappa vs Zappa makes scary reading.