Copyright VS Trademark

[GiddyUp]

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?

 

[Domainate.com]

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.

 

[MadAboutDomains]

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

 

[GiddyUp]

thanks for your replies, they've been helpful!

 

[Archangel]

You can't copyright a piece of text

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.

 

[IAmAllanShore]

Moved to legal, just to keep things in order
-Allan :gl:

 

[bluesman]

...It cannot be a short phrase or similar, however... ...I think you were referring to phrases. If so, you are correct -- no one can copyright them.

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.

 

[Kenny]

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.

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

 

[primacomputer]

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.