Trademark / Copyright question

[WarrenG]

Guys,

I've tried to Google the answer to this without success.

Does anyone know the copyright rules in making a play on an existing, probably copyrighted phrase?

For example, say I wanted to start an iPod App company. Would Apptopussy be acceptable, a play on the James Bond film Octopussy?

[VinceG]

It's trademark rules you're looking for here, not copyright. This is something you'd really have to ask a lawyer about, and really the only way you'll know if it's a problem is if you get sued.

[Mcoroklo]

First of all: I am not lawyer, so please do not held me up on anything I say.

However, I spoke to a lawyer about a similar issue in Denmark. She told me there shouldn't be a problem, unless you kind of copy the name. For instance, look at the name YouTube. In the latest years many companies have copied the name and called them YouSee (large danish Internet supplier), YouFirm (oops, my company ;-) ), You.... I cannot remember, but when I started out there was a quite long list.

I know your situation isn't the exact same, but we also spoke about that. She told me it would be OK.

[MysteryX]

If you have a name that can create confusion with a registered trademark, you can get into problems. If someone creates "YouSee" as a video sharing website, or "Microshoft" as a software review website, they are definitely violating trademarks.

Trademarks are registered by categories. "Apple" is a registered trademark in the computer field. Someone can still sell apples and call them apples because it's another context.

If your name is creating allusion to an existing trademark, or if they can somehow view it that way, you can get sued and you have to defend yourself.

I know someone who is working on creating the Universal Music Day. She keeps getting sued by Universal Studios.

[Mcoroklo]

MysteryX:
You are 100% right, but however, in the YouSee case it is actually not a problem. In Denmark you can rent movies and alike, and there are no problems. There is also another problem about who was actually first (and here I think YouTube will fail).

Just wanted to point that one out, but you are 100% correct.

[WarrenG]

OK thanks guys. I think I'll play it safe and pick something random.

[Brutha]

Trademarks are registered for specific purposes.
Trademarks Home gives you the ability to do a trademark search.

If you search for the Octopussy you will find that the term is registered for selling personal vibrators and dildos.

If you want to use Apptopussy as your company name than you can simply attempt to register it as a trademark.

[nzmegs]

I don't know anything about the legalities of choosing this name - but I have to say that i hate the name anyway. As mentioned above it sounds dodgy. Plus the word ***** refers to more than just the cat...

You might alienate women by using this somewhat sexist name for your site - just a thought. Unless you are intending on selling sexist apps, of course.

[WarrenG]

Cheers Brutha, that's an awesome resource!

megs,

Yep, I'm starting the world's first sexist app website! Nah, I just used that example as I found it funny. I have a list of potentials, "AppFinger," "The Man With The Golden App".... but "The App Who Loved Me" is my favourite!

But I have another name that is definitely not in use anywhere, just a random thing I made up.