Legal Question in Intellectual Property in Kansas

Copyright

I started an estate sale business using the name ''Needful Things''. I wasn't sure where I came up with that name but it sounded good. Not too long ago I realized it is the name of a Stephen King novel. Am I in violation of copyright law? Should I change the name?


Asked on 8/15/08, 1:59 pm

2 Answers from Attorneys

David Anderson Anderson Business Law LLC

Re: Copyright

You need to concern yourself more with Trademark infringement. Any business with a new name needs to have their IP atty do a comprehensive search prior to naming the business, setting up website etc. Failure to do so can get very expensive.

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Answered on 8/15/08, 2:09 pm
Lawrence Graves Coolidge & Graves PLLC

Re: Copyright

This is a trademark issue, not one of copyright. The name of a book is not ordinarily protectable unless part of a series. In any case, your proposed use has nothing to do with the book industry, so there would be no likelihood of customer confusion between the two uses.

That said, it would be advisable for you to have a trademark clearance search done to determine whether there is another user of the name in some kind of business related to yours.

Best wishes,

LDWG

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Answered on 8/15/08, 2:10 pm


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