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Stealing of a Copyrighted/Trademark name?

  
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Stealing of a Copyrighted/Trademark name?

Postby aescby » Fri Dec 23, 2011 6:56 am

Hello,
I am known on Youtube for several years as StrikeScape.. http://www.youtube.com/user/StrikeScape?feature=mhee
I make videos under my name, and I consider that 'StrikeScape' is my own trademark name.
Now, I searched for StrikeScape and a few websites popped up, including http://strikescape.99k.org/ and some other websites, where the word 'StrikeScape' is used as their own. On the website I just gave, the guy writes that he is StrikeScape (tho i dont think he means he is me) and there is no way to contact those people.
Is there something I can do about this?
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Stealing of a Copyrighted/Trademark name?

Postby emilek17 » Fri Dec 23, 2011 7:00 am

A name is not copyrighted. Unlike a copyright, a trademark only exists if you register it; if it's not registered it's not yours alone. You have no legal recourse in this situation, unless they are actually impersonating you.

Edit: Bethesda trademarked "The Elder Scrolls" for their game series; you've not registered "StrikeScape" as a trademark. Besides, suing is really just like expressing a personal opinion that the other person's done something wrong, it doesn't mean anything as far as precedents go unless you win.
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Stealing of a Copyrighted/Trademark name?

Postby abelard29 » Fri Dec 23, 2011 7:02 am

Nope. If you are using this name in a commercial context, you MIGHT be able to prevent others from using it for the same product/service in the same jurisdiction (country/state, etc). You certainly have no control over the name on a worldwide basis, nor can you control what others do in a different field of endeavor, even within your own state.

The answer below is not quite accurate. Trademarks do exist and can be protected even without registration. The main thrust of Trademark law is to prevent 'confusion in the marketplace'. If it is likely that a consumer would confuse two Trademarks, then courts will rule to stop one user from using the mark. Normally, that will be the user who did NOT have priority of use, and registering the mark is usually the way that you prove such priority.

Because the concern is confusion, there is only an issue if two users are using the same mark IN THE SAME FIELD and in the same market. So, while you might have a right to the word mark for StrikeScape as it pertains to videos, I could use the word to denote my business selling car tires, since there is no risk of confusion. I also might be able to use the mark to denote my own video production house producing videos for children sold locally in my city, since that is not the same market as you use.

Of course this also assumes that your mark is USED commercially. You have no protection at all in the use of your mark for personal use, only in trade (business)
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