Legal Question in Intellectual Property in California

How to copyright a misspelled word?

I have tried to file for a copyright for a word and I got rejected based on it being too GENERIC. However, it's not a word. It's a made-up word. And it's definately not in the dictionary. But I want to protect it from being used because it has become my domain name for the past 7 years now and other companies are now buying it as their keyword in search engines. Can this word really not be protected? Here is a fictiscious example: It' like if you owned Korn.com and you sold corn over the internet. And one day a competitor, let's say Green Giant, started advertising that they sell Korn, trying to attract customers looking for your brand of corn.


Asked on 11/07/05, 11:17 am

4 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: How to copyright a misspelled word?

Copyright law focuses on artistic, literary work, etc.., not trademark "brand" names. There is federal process you must follow in reserving the name you seek at issue. Further, it is in your best interest to speak with an attorney on this matter, so you are fully protected under the confidentiality of an attorney-client relationship. If you would further assistance and/or direction in following the government trademark application process, contact us today for very efficient and affordable help.

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Answered on 11/07/05, 8:08 pm
Jonas Grant Law Office of Jonas M. Grant, A.P.C.

Re: How to copyright a misspelled word?

You need a trademark (or service mark), not a copyright. Please see my website for info. on my services in this regard - the first step would be a consultation and a comprehensive trademark search to determine the likelihood of successfully trademarking what is, it appears, your brand name.

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Answered on 11/13/05, 5:28 pm
Richard Jefferson M.E.T.A.L. LAW GROUP, LLP

Re: How to copyright a misspelled word?

Well, you are looking to the wrong body of law. This is a trademark/servicemark issue not copyright. There likely are ways to protect your word as a trademark. It also sounds like it is not as straightforward as just applying for protection. It will probably require some legal justification. Contact me if you want to pursue a trademark of your word.

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Answered on 11/07/05, 12:06 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: How to copyright a misspelled word?

Have you tried to trademark it?

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Answered on 11/07/05, 12:31 pm


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