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Can you copyright a Title?

01:07 / 20.09.04

Okay, I have this comic in the works called The Impossibles, which is or has been:

a band:

http://impguy69.tripod.com/

A cartoon:

http://www.nostalgiacentral.com/tv/kids/frankensteinjunior.htm

A mod magazine:

http://www.mods.it/mods/index.php?newlang=eng

Now someone just e-mailed me saying that they have a comic called The Impossibles (in Ireland... I'm in the U.S.) does this matter? Could he own the name "The Impossibles" even though these other products are also called The Impossibles? I am aware that none of those other things are comics and mine is. Could he sue me if I went ahead with the comic? It's not like I'm planning on making money off this. I just like the name. Help me out cause I really don't want to change the name.

Thanks all.

03:52 / 20.09.04

Copyright can not be claimed over very short pieces, such as a title or phrase. So you're in the clear on that level. On the other hand, it might be possible to reserve the title as a trademark or brand, but I'm not sure how that plays out.

pointless and uncalled for

07:03 / 20.09.04

It's a little more complex than that and you should seek specific legal advice on this if you intend to enter into publication, regardless of intent to profit.

By creating a product that is similar to another product and giving it the same name as that product you can be considered in breach of fair and reasonable competition. i.e. people may buy your comic thinking that it is the other persons and as such the other person loses revenue.

I appreciate that some may balk at the concept of comics being refered to as product but there is clear precedent in this kind of situation. Both Verve and The Chemical Brothers have had to change from their previous names as unbeknown to them at the time of naming there were already a band and a DJ collective bearing their desired names. Legal papers were sent, lawyers got rich and so on.

Were it as simple as this then the answer would be simple. However, there are other cases which are just as pertinent. The Budweiser (US) vs. Budweiser (Budvar) shows that two very similar products can bear the same name even after Budweiser emptied large portions of their coffers into the pockets of a bunch of grinning legalists.

It's up to you what chances you want to take.

We're The Great Old Ones Now

09:04 / 20.09.04

I suspect your main problem would be an issue of 'passing off' rather than copyright - i.e. your work could be mistaken for that of another person, or profit by association with a pre-existing work. That's not allowed. I'm not sure, though, so as the man says, you need a lawyer. Ask your friends - someone will know someone who'd be prepared to offer some basic advice free of charge. But make sure you get someone who knows IP, because it is a specialist area.

11:32 / 20.09.04

Thanks for all the help. Actually, the other guy has spent some time working on his project and regardless I think the decent thing to do is get a new title for my project since no concrete work has been done on it yet.

I think I'm going to go with the name, The Super Fantastics since it's so lame I'm sure no one's used it.