What are the copyright business laws? 5 Answers as of June 15, 2011

I am starting a shoe line and i have a name in mind how do I find out if its used already and get it copyright?

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Intellectual Property Center, LLC
Intellectual Property Center, LLC | Ak Shaf
A copyright is related to a work of art. Shoes inherently have a number of artistic elements, however, they also qualify as a functional item in that they provide traction and protect your feet. Whether a shoe qualifies for protection under trademark, patent or copyright laws is a question which depends on a number of different facts which were not provided. I would suggest scheduling a time to meet with an attorney who specializes in intellectual property. Of course, you are welcome to contact us also. Good luck.
Answer Applies to: Kansas
Replied: 6/15/2011
DANIEL NESBITT | Hasse & Nesbitt
It's a trademark, not a copyright, and you should ask an attorney or professional search firm to assist you. You'll want to at least search the US trademark registrations, and the worldwide web.
Answer Applies to: Ohio
Replied: 6/7/2011
Devon & Associates
Devon & Associates | Marcia A. Devon
I believe you mean a trademark and you should have a trademark search conducted on your behalf. There are different levels of searching and corresponding expense, depending on how much you intend to invest in advertising, and whether you intend to market your product/services locally or nationwide etc. Also, there is nothing wrong with doing your own searching by computer. An intellectual property or trademark attorney will be able to have the search performed for you and advise you on the results.
Answer Applies to: California
Replied: 6/6/2011
Michael M. Ahmadshahi
Michael M. Ahmadshahi | Michael M. Ahmadshahi, Ph.D., Esq.
Your label should be trademarked not copyrighted. As such, you need to select a word, phrase and/or logo and apply for a trademark application. When and if registered you can use the label on your shoe line.
Answer Applies to: California
Replied: 6/6/2011
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
Names are not protected by copyright. Names can sometimes be protected under trademark law. You need to retain trademark counsel to conduct a trademark search and do a branding strategy analysis. Once you find a name or brand you can use in your business you should probably Filene trademark application. You need to work with IP counsel on these issues.
Answer Applies to: New York
Replied: 6/6/2011
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