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The name of movie/script has been used

C

chlsy8

This name of the script I am writing has been used - (checked on IMDB, not a famous one), Is there any limitation to use again? Trademark or copyright violation?
 
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Dreadylocks said:
You can't copyright a title. So you're good there.

However, you can trademark one (not that common), so look into that before you go ahead.
Click to expand...

Thanks!

How can I know if they trademark a title? Also if the same title was used in other performing arts form, for example, a CD's name or a band's name, will that matter too?
 
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I wouldn't worry about it too much. Titles change all the time, for a variety of reasons, so just go with what makes sense now and if as it turns into a finished film later you can worry about whether to keep it or change it at that point.
 
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It is only a trademark or service mark violation if you use it for the same industry. So, using "Toys R Us" for a fish packing company, while out there, would not infringe per se on the toy store use since it doesn't compete or infringe on their money. HOWEVER (there's always the legal caveats) if a use would defame or otherwise impact their business, it could be grounds for a legal suit.

Generally a business name that is coincidental with a movie name isn't going to be an issue, especially if the movie is unrelated to the business. Also, it costs more to trademark a business name nationally rather than in a state. So a state trademark would not have as much weight in Iowa, say, when you film in California. And in some cases, businesses use movie names like "Mystic Pizza".

Generally it's not a problem but it doesn't hurt to make small changes, get permission, or consult a lawyer (in order of increasing cost).
 
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chlsy8 said:
This name of the script I am writing has been used
Click to expand...

Blink of an Eye (1999)
Blink of an Eye (1992)
Blink of an Eye (2002)
Blink of an Eye (2006)

Post Mortem (1929)
Post Mortem (1997) (TV)
Post Mortem (1999)
Post mortem (2001)
Post Mortem (2002) (TV series)
Post Mortem (2002) VG
Post mortem (2005)
Post Mortem (2006) (TV series)
Post Mortem (2007) TV
Post Mortem (2008)
Post Mortem (2010)
Post Mortem (2010)

Black Swan (2010)
Black Swan (2002)
Black Swan (2003)
The Black Swan (1942)

There have been 49 movies titled "Broken" from 1992 to 2011.

Is the title you want to use "Live"?
 
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FantasySciFi said:
It is only a trademark or service mark violation if you use it for the same industry. So, using "Toys R Us" for a fish packing company, while out there, would not infringe per se on the toy store use since it doesn't compete or infringe on their money. HOWEVER (there's always the legal caveats) if a use would defame or otherwise impact their business, it could be grounds for a legal suit.

Generally a business name that is coincidental with a movie name isn't going to be an issue, especially if the movie is unrelated to the business. Also, it costs more to trademark a business name nationally rather than in a state. So a state trademark would not have as much weight in Iowa, say, when you film in California. And in some cases, businesses use movie names like "Mystic Pizza".

Generally it's not a problem but it doesn't hurt to make small changes, get permission, or consult a lawyer (in order of increasing cost).
Click to expand...

Thanks SCIFI! you are so knowledgeable!
 
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directorik said:
Blink of an Eye (1999)
Blink of an Eye (1992)
Blink of an Eye (2002)
Blink of an Eye (2006)

Post Mortem (1929)
Post Mortem (1997) (TV)
Post Mortem (1999)
Post mortem (2001)
Post Mortem (2002) (TV series)
Post Mortem (2002) VG
Post mortem (2005)
Post Mortem (2006) (TV series)
Post Mortem (2007) TV
Post Mortem (2008)
Post Mortem (2010)
Post Mortem (2010)

Black Swan (2010)
Black Swan (2002)
Black Swan (2003)
The Black Swan (1942)

There have been 49 movies titled "Broken" from 1992 to 2011.

Is the title you want to use "Live"?
Click to expand...

Ｉ have one LIVＥ trademark from the link provided by dreadytlocks

I have one title from IMDB having the same movie title
 
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You didn't ask but here's my 2 cents: You need a unique title. Down the road people are going to try to google your film to get information and just go fruck it after the results show up.

Good luck though.
 
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directorik said:
I don't understand why you are being so evasive. I was
only trying to understand so I could help.
Click to expand...

Oh I read through your posts again, and I think you misunderstood. I should have realized earlier.

I mentioned "LIVE" is from the link Dreadylocks provided, once I type the title I plan to use in this trademark website, it gave many registered trademarks, but some are labeled "LIVE" and some are labeled "DEAD". And that's why I said only one "LIVE" - which means only one live registered trademark but others are "DEAD" ones.

Sorry for the confusion.
 
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