Copyright law question

[Christopher]

On http://sigchat.fyepro.com someone posted this message:

I hope you know that sigchat is protected under uk and international copyright laws. I suggest you change the name of your project. If you want to reply, contact me on sigchat.com

My question is how valid is that? I thought copyright only applies to the content not the name.
I am planning on changing my name anyways, but I'm wondering how valid that statement is.

 

[Eclipse4]

Hey Christopher,

If you look at http://www.copyright.gov/circs/circ34.html the first thing it says is:

Names, titles, and short phrases or expressions are not subject to copyright protection. Even if a name, title, or short phrase is novel or distinctive or if it lends itself to a play on words, it cannot be protected by copyright. The Copyright Office cannot register claims to exclusive rights in brief combinations of words such as:

* Names of products or services

 

[xxll_martin_llxx]

That would be a trade mark they're looking for.

EG: I guess, if you tried to make out you was the one that thought of Coca Cola and they found that out they could take you to court.

 

[Sharky]

Just call it SigChatPro. Or Sig2Chat.

 

[Eclipse4]

What about SigBox?

It's a combo of signature and shoutbox.

I think it sounds good.

=D

 

[withambition]

The person claiming copy infringement stated, "under uk and international copyright laws" therefore a US copyright wouldn't wholly apply to it. However, the UK copyright laws are basically the same. Copyright is for artistic or creative achievements, whereas trademarks are for names, slogans, logos, and other symbolic references.

I checked the users website and below I noticed the copyright with sigchat.com. Copyright is for content, therefore his content is copyrighted; however, I do not see a trademark where he uses the words "sigchat." Technically, he can claim "passing off" granted that he has an established background for the name. He is probably just bluffing, but it's a good idea to switch names just in case.

Remember kids, copyright is for content! =p

 

[Brandon]

It would have to be like this Chris:

Were x10Hosting is a TM (Trademark) of x10Hosting, LLC.

 

[componentwarehouse]

One question - does it cost to get a TM, and how much is it?

Alex

 

[Sharky]

Preliminary consultation, the trademark registration fee and our money-back guarantee

1. Our preliminary consultation fee is £50.00 plus vat with absolutely no obligation to proceed. Simply complete the form below and submit to our Trademarks Department*.
2. The price for a full trademark registration (trademark search and application and registration in one class of goods/services) is £600 plus VAT.
3. This fee only becomes due once you agree to proceed to the trademark search stage.
4. Once the trademark search stage has been completed we will contact you with the results.

From CompanyRegistrations.co.uk

The cost of federally registering a trademark is far outweighed by the benefits of doing so. A first-time applicant must pay a filing fee of $325 for each class of goods or services listed in the application. If you are filing an "intent to use" application (before the mark has actually been used in interstate commerce), there is an additional $100 fee. Renewal applications cost less. All fees are nonrefundable.

From allbusiness.com

 

[callumacrae]

Is it case sensitive?

He has SigChat and you have sigchat

 

[woiwky]

You don't need to worry about anything. The name is too indistinctive to have any legal backing. Since 'sig' is now common internet slang, merely adding chat, another common word, doesn't make it distinct enough. It can be considered the same as SignatureChat. If the term is too general, it can't be trademarked. Similar to how people can use 'Superman' for song titles or whatever.

 

[Jon.Monreal]

True, and there is a mysigchat.uni.cc. Clearly that site would make a better target if he has the legal backing.

I would bet that they just want to keep their monopoly on the name, which seems to be their desire because they also own sigpoll.com.

At any rate, i find it interesting that they went through the trouble of finding your service just to claim that you are in violation.

 

[Russ]

It would have to be like this Chris:

Were x10Hosting is a TM (Trademark) of x10Hosting, LLC.

Actually, its parent company is ClockworkComputers. And, I am almost certain its not an LLC.

 

[Scott B]

And, I am almost certain its not an LLC.

But that's what is says in the footer... :|

 

[DeadBattery]

Yeah, Scott has a point. It says "Copyright 2007+ x10Hosting LLC."