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  #1  
Old September 29, 2003, 11:30 PM
DaveH
 
Posts: n/a
Default Trademark/Copyright/Patent question "For Dummies" ;-)

I need to know how to copyright or trademark a phrase that would be used similar to the "For Dummies" or "Chicken Soup" series of books/products.

How exactly is that addressed when part of the title stays the same (the "Branded" phrase), but the rest of the title changes with each different product?

I am developing a product line that has almost unlimited potential, similar to "For Dummies".(in concept & structure)

It will start small & simple, but because of the diverse unlimited potential, I need to get it right from the beginning, to protect the "brand" for future expansion possibilities.

Any ideas are appreciated.

Thanks, Dave




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  #2  
Old September 30, 2003, 09:22 AM
Garry Boyd
 
Posts: n/a
Default Re: Trademark/Copyright/Patent question "For Dummies" ;-)

A trademark is your branding device. You need to register it in order to protect it. If you are in the US you can get a lot of info here:
http://www.uspto.gov/main/trademarks.htm
Copyright applies to your intellectual property and is automatically granted. However if you anticipate needing to pursue copyright violation then you are best to register the copyright. So you essentially brand your "phrase" or trading mark, while each item is individually copyrighted.

> I need to know how to copyright or trademark
> a phrase that would be used similar to the
> "For Dummies" or "Chicken
> Soup" series of books/products.

> How exactly is that addressed when part of
> the title stays the same (the
> "Branded" phrase), but the rest of
> the title changes with each different
> product?

> I am developing a product line that has
> almost unlimited potential, similar to
> "For Dummies".(in concept &
> structure)

> It will start small & simple, but
> because of the diverse unlimited potential,
> I need to get it right from the beginning,
> to protect the "brand" for future
> expansion possibilities.

> Any ideas are appreciated.

> Thanks, Dave




The special report network
  #3  
Old September 30, 2003, 10:58 AM
DaveH
 
Posts: n/a
Default Thanks Garry, I wondered....

if it could possibly be as "simple" as Trademarking the phase. I thought it might be a bit stickier than that, because of it being only part of the title.

I guess it would be like Sears Tires, Sears Appliances, Sears etc. No matter which product department they put with it, it's still Sears.

I hoped it was that simple, but having been bitten in the backside by hindsight more than once, I thought I would ask. ;-)

Thanks for the url, I just love dealing with bg bro gov.

Dave


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  #4  
Old September 30, 2003, 04:10 PM
Mel. White
 
Posts: n/a
Default More on copyrights and trademarks

The "for dummies" isn't trademarked nor is it copyrighted. You can't copyright a title.

What *IS* trademarked is the "For Dummies" PLUS their little guy logo. I think the company name is "Dummies"... but don't quote me on that.

So if you wanted to do something similar for... uh... "widgets", you would make a company name ("WidgetWorld") and then come up with a logo design and trademark that. You then use "Widgetworld Weedwhackers" and "widgetworld Wibbles" and so forth as book titles or product names or whatever. Trademarks protect your branding efforts.

There are other people named "Hilfinger" and "Tommy" which is why the Hilfinger people couldn't sue for or grab the "tommy.com" name awhile back.

> Thanks for the url, I just love dealing with
> bg bro gov.

What you're dealing with is legislation designed to protect your business and to protect the artisan. Engulf And Devour corporation can't take your product idea and your good name and your efforts building a sale and ride to success on your hard work. You slap them with a trademark violation and throw it into the courts.
  #5  
Old September 30, 2003, 04:39 PM
Brent Whinfield
 
Posts: n/a
Default Dave, here's a video reply to your post

Hi Dave,
Your question is an intriguing one. I also needed to know the correct answer. I decided to do a little digging in order to get the full scoop.

I found interesting information.

I also decided to reply to your post in this unique manner.

Click this link for a video reply.

God bless.
Brent Whinfield
http://www.secretsrevealed.com/thousandaire




The Golden Goose
  #6  
Old October 1, 2003, 12:12 AM
Garry Boyd
 
Posts: n/a
Default Re: More on copyrights and trademarks

I'm not too sure on the intricacies of it all, but I think you can protect a phrase or made up word, ie "electrolux" is a trademark. I also recall that Harrods enforced the use of their name for retail stores, to the extent of going after small stores, even here in far off New Zealand. At the moment The Beatles "Apple" label is suing "Apple Computers" for entering the music market. This is an example where two trade names can coexist in unrelated industries. It only becomes a problem when one enters the others sphere of influence.
If I create a weather instrument and call it "The real thing" I wouldnt expect a problem. However if it was a soft drink, I'd expect lots of problems.
Probably time to consult a trademark attorney.

> The "for dummies" isn't
> trademarked nor is it copyrighted. You can't
> copyright a title.

> What *IS* trademarked is the "For
> Dummies" PLUS their little guy logo. I
> think the company name is
> "Dummies"... but don't quote me on
> that.

> So if you wanted to do something similar
> for... uh... "widgets", you would
> make a company name
> ("WidgetWorld") and then come up
> with a logo design and trademark that. You
> then use "Widgetworld
> Weedwhackers" and "widgetworld
> Wibbles" and so forth as book titles or
> product names or whatever. Trademarks
> protect your branding efforts.

> There are other people named
> "Hilfinger" and "Tommy"
> which is why the Hilfinger people couldn't
> sue for or grab the "tommy.com"
> name awhile back.

> What you're dealing with is legislation
> designed to protect your business and to
> protect the artisan. Engulf And Devour
> corporation can't take your product idea and
> your good name and your efforts building a
> sale and ride to success on your hard work.
> You slap them with a trademark violation and
> throw it into the courts.




Weather instruments by mail order
  #7  
Old October 2, 2003, 12:23 PM
DaveH
 
Posts: n/a
Default Thanks, Mel & Brent (dno) (DNO)

  #8  
Old October 2, 2003, 04:30 PM
Tom Lascsak
 
Posts: n/a
Default Re: Dave, here's a video reply to your post

Brent,

You're confusing trademark and copyright in your video. You need to review your research.

Here are the actual government sites for copyright and trademarks. Go to the source for the correct info.

http://lcweb.loc.gov/copyright/

http://www.uspto.gov/

You and everyone else should find most of your questions answered at these sites.

Enjoy,

Tom Lascsak
 


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