I should also add that this would involve a LOGO as well, which incorporates the full name. Though the logo would not be on most designs (just the plain printed name would be at the bottom), it would be on the website and SOME of the designs.
How would someone know that you have clearly and consistently used the name if you haven't registered it.Could someone come along and pay to TRADEMARK that name, and simply walk away with it because I hadn't trademarked it? Am I protected in any way by US copyright laws, since I'd already been using that name clearly and consistantly?
Well, so far as my designs go, of which I have a lot that I like quite a bit, I've always thought that copyrighting occured automatically upon creation (in the US, at least). The little bit of freelance illustration that I've done, I've always copyrighted with my name and the year, which is suposed to seal the deal ain't it? So as far as doing anything fancy and legal, I'd just have to worry about Trademark for my logo/company name, right?binki said:If you think you have something, or even if you don't, trademark it, copyright it, claim it...
I am not an attorney although I am paying out the nose for my daughter to be one, but I would say yes to all of that. You can TM on your own or use a service like legalzoom. It seems pretty straight forward to do it on your own if you have the time. Once you know the ropes it should be easy for future TM's.Swing Easy said:Well, so far as my designs go, of which I have a lot that I like quite a bit, I've always thought that copyrighting occured automatically upon creation (in the US, at least). The little bit of freelance illustration that I've done, I've always copyrighted with my name and the year, which is suposed to seal the deal ain't it? So as far as doing anything fancy and legal, I'd just have to worry about Trademark for my logo/company name, right?
That's true, but at the same time, you can only get damages if your design is officially registered with the US Copyright office.I've always thought that copyrighting occured automatically upon creation (in the US, at least). The little bit of freelance illustration that I've done, I've always copyrighted with my name and the year, which is suposed to seal the deal ain't it?
OK, I understand, but then what exactly does the unregistered copyright do? Does it allow you to at least STOP someone from stealing your work, even if you can't get damages?Rodney said:...you can only get damages if your design is officially registered with the US Copyright office.
That's the catch22 (as I see it). Technically, a work is copyrighted to the creator at the time of its creation.OK, I understand, but then what exactly does the unregistered copyright do? Does it allow you to at least STOP someone from stealing your work, even if you can't get damages?
How would they know about the name ?Swing Easy said:Let's say I want to call my service "Loopy Lou's Loony Designs", and I printed that at the bottom of all of my designs, and I put that name on my website, and generally sold designs under that title. Could someone come along and pay to TRADEMARK that name, and simply walk away with it because I hadn't trademarked it?
Yes, I have a name, but I am not yet using it. The question, which has been answered to my satisfaction, was if someone could make a registered trademark of my company name (and/or logo), AFTER I'd been using it in commerce, and more or less steal it away.T-BOT said:How would they know about the name ?
nobody knows you when you're a nobody.
do you have a name yet?