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Legality of names

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(@cleary)
Posts: 360
Honorable Member
Topic starter
 

Heres a good question for ya that Im not sure about.

Ive got a short film in development called 'Sket' how ever Ive just seen a well know British production company release a trailer for a film by the same name which is going to theatrical release on the 28th Oct this month.

The film being released is a feature length where as mine is simply a short about some thing different. Does that mean that i cant use this name as I have seen a films with the same name released in the past such as 'The Firm' Directed by Alan Clarke which is about football hooligans. But theres also a film by the same name staring Keano Reeves which I havent watched.

So to reiterate the question, will I have to choose a different name or can I stick with it as I dont want to get suied lol.

Thanks Cleary.

www.youtube.com/yoursayvideos

www.youtube.com/yoursayvideos

 
Posted : 01/10/2011 12:03 pm
(@certified-instigator)
Posts: 2951
Famed Member
 

There are four movies with the title "Black Swan"
1942, 2002, 2003 and 2010

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)

Look at the title, "Broken". There are 10 titles in 2010 alone.
Broken (1992)
Broken (2000)
Broken (2001)
Broken (2002)
Broken (2003/I)
Broken (2003/II)
Broken (2004/I)
Broken (2004/II)
Broken (2004/III)
Broken (2005/I)
Broken (2005/II)
Broken (2005/III)
Broken (2005/IV)
Broken (2005/V)
Broken (2005/VI)
Broken (2006/I)
Broken (2006/II)
Broken (2006/III)
Broken (2006/IV)
Broken (2007/I)
Broken (2007/II)
Broken (2008/I)
Broken (2008/II)
Broken (2008/III)
Broken (2008/IV)
Broken (2008/V)
Broken (2008/VI)
Broken (2009/I)
Broken (2009/II)
Broken (2009/III)
Broken (2009/IV)
Broken (2009/V)
Broken (2009/VI)
Broken (2010/I)
Broken (2010/II)
Broken (2010/III)
Broken (2010/IV)
Broken (2010/V)
Broken (2010/VI)
Broken (2010/VII)
Broken (2010/VIII)
Broken (2010/IX)
Broken (2010/X)
Broken (2011/I)
Broken (2011/II)
Broken (2011/III)
Broken (2011/IV)
Broken (2011/V)
Broken (2011/VI)

=============================================
The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)

=============================================
The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)

 
Posted : 02/10/2011 2:46 am
(@cleary)
Posts: 360
Honorable Member
Topic starter
 

lmao point taken 🙂 Thank you lol.

www.youtube.com/yoursayvideos

www.youtube.com/yoursayvideos

 
Posted : 03/10/2011 10:06 am
(@vasic)
Posts: 487
Reputable Member
 

I'm not quite sure how this works in the UK, but in the US, you can trademark a phrase. I believe the abundance of movies with names on Certified Instigator's list is due to the rather generic nature of the phrase (or a single word) that constitutes their title.

 
Posted : 03/10/2011 6:16 pm
(@certified-instigator)
Posts: 2951
Famed Member
 

You are correct, Vasic. In some cases a phrase can be trademarked. An
example is, "May the Force be with you." So you could not call your your
movie "May the Force be with you." A movie title cannot be. Even "Star
Wars" is not trademarked. The logo is, those two words, in that order,
are not. You could title your movie "Star Wars". LucasFilm would challenge
it but if you could prove your film would not create confusion in the
marketplace you would win. I suspect most people will not bother.

My point was not to cover all, possible aspects, but to point out that a
title may be used without getting sued.

=============================================
The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)

=============================================
The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)

 
Posted : 03/10/2011 7:31 pm
(@aspiring-mogul)
Posts: 481
Honorable Member
 

This is a copyright question, and I understand that you can't copyright a name, unless it's so distinctive - like "Clark Kent" - that no one can possibly think of a mild-mannered reporter who leaps tall buildings in a single bound. But I'm not an intellectual property lawyer, so I don't know.

The best way to know is to ask an IP lawyer how much he would charge for that one question - most would give the answer to you for free.

 
Posted : 18/10/2011 12:48 am
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