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Question about having copyrighted words in store name
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thelivesandlovesofmaggiethecat



Posts: 9890

PostPosted: Sun Nov 04, 2007 11:54 pm    Post subject: Question about having copyrighted words in store name Reply with quote

I am opening a 4th store and I made a name that the last two words in the title is the name of a company whose products I am not selling. Since the words are part of a longer title, will I be breaking copyright laws? I don't want to get to far with this only to have to change it.

Examples: (not my real store names)
Avon River Cosmetics
Shabby Home Depot
Apple Jack Computers
Maggie the Cat's Paw
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bigtallmensclothing
moderator


Posts: 21854

PostPosted: Mon Nov 05, 2007 12:29 pm    Post subject: Reply with quote

If the words are copyrighted, trademarked or it's a nationally registered business name - you can't use it.

You can't use MaggiesMickeyMouse or BetterCoke or anything like that.
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poopsheet



Posts: 4865

PostPosted: Mon Nov 05, 2007 12:41 pm    Post subject: Re: Question about having copyrighted words in store name Reply with quote

thelivesandlovesofmaggiethecat wrote:

Examples: (not my real store names)
Avon River Cosmetics
Shabby Home Depot
Apple Jack Computers
Maggie the Cat's Paw


It's tricky and I think it depends on the specific title. For instance, I'd think Shabby Home Depot might be a problem but Apple Jack Computers probably wouldn't.

I can think of three businesses in this area that all have "Payless" in the name, so I guess it just depends...
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thelivesandlovesofmaggiethecat



Posts: 9890

PostPosted: Mon Nov 05, 2007 1:10 pm    Post subject: Reply with quote

I was concerned because the store is visible to searchers but I don't have a banner up and have never announced it here but the items are getting a lot of hits and I suddenly thought it might be because people were looking for the copyrighted items that I don't sell. In my url, the words are run together like shabbyhomedepot and not broken up. That is the only place the name appears at this point. If Shabby Home Depot would be illegal, would Shabby Homes Depot?
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bigtallmensclothing
moderator


Posts: 21854

PostPosted: Tue Nov 06, 2007 3:30 am    Post subject: Reply with quote

Quote:
I can think of three businesses in this area that all have "Payless" in the name, so I guess it just depends...

AH, but if you are thinking about Payless Shoes -- the copyright, trademark is Payless Shoes.
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poopsheet



Posts: 4865

PostPosted: Tue Nov 06, 2007 10:11 am    Post subject: Reply with quote

thelivesandlovesofmaggiethecat wrote:
In my url, the words are run together like shabbyhomedepot and not broken up. That is the only place the name appears at this point.


That's weird that they're finding it then! If the words you're worried about are only in your store name then I don't think you've got anything to worry about. If someone Google's "home depot" I'm pretty sure they'd never get results for "homedepot".

I would think something more like Shabby Homes Depot would be okay but it's hard to say without knowing the actual words. And, of course, without being a lawyer...
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poopsheet



Posts: 4865

PostPosted: Tue Nov 06, 2007 10:13 am    Post subject: Reply with quote

BigTallMensClothing wrote:
AH, but if you are thinking about Payless Shoes -- the copyright, trademark is Payless Shoes.


Yeah, but my point is that it means (apparently) that there can be a hundred businesses all called "Payless [something]". Near my house there's a Payless Shoes which is two doors down from a Payless something-or-other (I forget, some other type of business). It always makes me chuckle.
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thelivesandlovesofmaggiethecat



Posts: 9890

PostPosted: Tue Nov 06, 2007 2:05 pm    Post subject: Reply with quote

We have lots of payless gas stations here except you don't pay less.

I'm going to email Dimitri about changing the url to add the S. It actually makes more sense than the way I wrote it. Once I get a logo made, the words will be separated so Homes Depot would probably not get me into trouble.
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bigtallmensclothing
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Posts: 21854

PostPosted: Wed Nov 07, 2007 1:58 am    Post subject: Reply with quote

I beleive the word Shabby is copyrighted when referring to home decor. I remember reading about that a few years back.
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thelivesandlovesofmaggiethecat



Posts: 9890

PostPosted: Wed Nov 07, 2007 2:11 am    Post subject: Reply with quote

BigTallMensClothing wrote:
I beleive the word Shabby is copyrighted when referring to home decor. I remember reading about that a few years back.


Shabby isn't copyrighted but [Shabby Chic] is. They tried on eBay to stop people from using the word shabby in titles and descriptions but lost the battle.
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bigtallmensclothing
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Posts: 21854

PostPosted: Wed Nov 07, 2007 2:14 am    Post subject: Reply with quote

If you are really concerned about it you would have to do some searchign because I honestly think they suceeded in getting that Shabby word - in reference to home decor copyrighted about the same time that Donald Trump managed to get the words "You're Fired" copyrighted. or maybe it was even before that when someone else with bucks managed to get some common everyday words copyrighted.
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thelivesandlovesofmaggiethecat



Posts: 9890

PostPosted: Wed Nov 07, 2007 2:49 am    Post subject: Reply with quote

BigTallMensClothing wrote:
If you are really concerned about it you would have to do some searchign because I honestly think they suceeded in getting that Shabby word - in reference to home decor copyrighted about the same time that Donald Trump managed to get the words "You're Fired" copyrighted. or maybe it was even before that when someone else with bucks managed to get some common everyday words copyrighted.


They were really hot on it but sellers still use the terms. Phrases like chic and shabby, the shabby look, chic but shabby. I know this as I had items pulled on eBay for using the term "shabby chic" and when I argued about it which I always did when they pulled one of my items, they told me what I could use and what I couldn't. I have still never seen a product made by or sold by a company called "Shabby Chic"
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bigtallmensclothing
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Posts: 21854

PostPosted: Wed Nov 07, 2007 3:01 am    Post subject: Reply with quote

eBay is NOT the place to go to when it comes to copyrights, lol.

ebay has their own "laws".

I am talking about the word Shabby being copyrighted - has nothing to do with ebay or their VERO group.

Quote:
I have still never seen a product made by or sold by a company called "Shabby Chic"

It's not a company. Someone had the words copyrighted.

You can copyright anything you want these days. You can even do it for free online. Or pay a lawyer $50 to have them file the paper work.
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thelivesandlovesofmaggiethecat



Posts: 9890

PostPosted: Wed Nov 07, 2007 3:33 am    Post subject: Reply with quote

Just googled Shabby Chic. Lots of people breaking the copyright law. Seems Rachel Ash--- wrote a book on the style. So next time someone tells me my sofa is getting shabby, I fine them and eventually I'll collect enough to have my sofa recovered. It that how it works.
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bigtallmensclothing
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Posts: 21854

PostPosted: Wed Nov 07, 2007 3:38 am    Post subject: Reply with quote

Quote:
Lots of people breaking the copyright law.


All the time!!
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