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[malemunyon]

[Be@rbrick]

Not sure if this was mentioned previously, my apologies if it has, but the trademark and copyright offices can take some time finalizing things. I'm not sure if there is a way to check on pending trademarks/copyrights, but it is possible that things for "Cloverfield" are still pending. There are common law, first usage rights that would protect them during the time period between the trailer and the trademark finalizations should a dispute arrise. Therefore, just because they don't currently have a trademark on the name "Cloverfield", it doesn't mean that they are unprotected or aren't in the process of obtaining one.

[Dlac]

I work at a theatre, and while the one sheet we're received does say "Cloverfield" as the name of the movie, the info for it came in just as "JJ One Sheet".

Not that this necessarily means anything, but it's still atypical, like everything else about this movie.



I've already stolen a poster

My theatre only has three screens so we probably wont get the movie anyway, as ridiculous as that sounds.

[Evil]

As a test, when I searched for Beowulf's trademarks, I didn't find a trademark for the film itself, but I did find two other trademarks. One is for "Toy action figures and accessories" based on the movie (77074376), the other is for "Busts of non-precious metal" (77074356). Does that mean they aren't necessarily trademarking the titles for "Motion picture" services and goods? It seems odd.

[CloverfieldClues.com]

[clownnation]

As i said before. You dont Trademark the name of a movie. You copyright it. It takes up to six months to process a copyright. The copyright office is very busy. It costs $45 to submit a work for copyright, so long as the paperwork is filed correctly. OR you can do a copyright for free. You can seal a work in an envelope take it to the post office and ask for a post mark for copyright. They will put a tamper strip on the envelop and place official dates on the envelop, thus proving that whatever is inside that envelop belonged to you as of that date. (Thats how I copyright my artwork) Now Im sure Paramount, or who ever submitted the copyright paid for it. But it can take six months for you to be registered. Go to the office of copyright website. It will also explain the difference between a copyright and a trademark

[Evil]

Monstrous is a copyright for Paramount

[clownnation]

Well like I said I am no expert. But I did write my own graphic novel, and I had to copyright the name of it before any publisher was allowed to look at it.

I just called the number to the copyright office and asked them what I needed to do, and they gave me the information.

I believe you have to Trademark some titles because it will become an institution. Like if you are selling Merchandise under the name of the film. Like with StarWars. The Name StarWars is a Trademark, because it relates to the products that are offered under the name.

A rock band would have to Trademark thier band name because they would be releasing albums under that name. But when they register a song, (the creative work, like a film) its a copyright. Including the name of the song...

That is just how it was explained to me. Not saying that this is stone cold fact. Just my view on why the Name Cloverfield might not show up under a Trademark...

Also at the end of the credits of a movie, you are given the Title and copyright date.

[Everything's Magic]

I just copyrighted and trademarked it! I'm gonna be rich!!!

[clownnation]

For example here is the Copyright information for an Indiana Jones Film

Type of Work: Recorded Document
Document Number: V2354P402
Date of Recordation: 1988-04-20
Entire Copyright Document: V2354P402-403
Date of Execution: 31Mar88
Title: Indiana Jones III : a.k.a. the second theatrical sequel to Raiders of the lost ark / Story & photoplay.
Notes: Assignment for security of motion picture rights and copyright.
Indiana Jones III & 1 other title.
Party 1: Lucasfilm, Ltd.
Party 2: Paramount Pictures Corporation.

Variant title: Raiders of the lost ark
Names: Lucasfilm, Ltd.
Paramount Pictures Corporation.

It lists the protection of the TITLE and alternative titles.

[Kaliyuga]

You did not copyright the title of your book. You copyrighted your WORK, but not its title. Anyone else can go and write or draw a book with the same name as yours - but if it begins to follow the original work you created under the rules of plagiarism, then they're boned.

I can go write THE DARK TOWER. But if it's about an alternate universe gunman named Clint, his posse, an ugly dog, and features roses, I will be sued out of existence.

But if it's a historical romance novel structured around, say, the original poem Childe Roland to the Dark Tower Came, with hot lesbians trying to bring Browning into a threesome while struggling with writing his epic poem, and still called it THE DARK TOWER... Well, that's peachy. (unless 'dark tower' is now trademarked, which I dunno offhand)

http://www.copyright.gov/help/faq/faq-protect.html

Here's the US government FAQ itself - titles are not copyrighted. Your Raiders doc shows the copyright that covers THE WHOLE WORK. 'Indiana Jones' is also trademarked, and so it would be extremely difficult to make a film called 'Indiana Jones and the Hookers of Samarkand,' even if THAT Indy is a young poet in the 1700's.

Edit: Rereading the copyright faq, it also occurs to me that your confusion may also be due to the fact that your introduction to copyrighting is via graphic novel - the LOGO you designed for your book may have been copyrighted, but again, not the title itself.

[clownnation]

You cant Copyright a Logo. You trademark them

here is a quote from the http://www.uspto.gov/web/offices/pac/doc/general/whatis.htm

A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others.

The trade or source of goods, or products must use a TradeMark

All I know is I called the Office and asked them what did I need to do to own my books name, and the written work. They told me how to file the copyright on both.

But anyways. This is just my theory on why we cant find a Cloverfield Trademark. I personally believe you couldnt trademark the name of the film. You would if Cloverfield was producing merchandise.

Thats how I interpret it... not trying to get flamed

[clownnation]

They did tell me, that you CANNOT copyright a common word or phrase. My book's name is unique.

I couldnt copyright the word Grapefruit of course.

[Kaliyuga]

How do I copyright a name, title, slogan or logo?
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information. However, copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark.

I don't know how much clearer I can get than a .gov website faq about the 'no titles copyrighted EVAR' thing, but, whatevs. I think we're getting hung up on semantics, anyway. I'm not trying to flame you, I just get kinda strident with info. It's the dark side of being a Cancer. What is true is that our discussion isn't really furthering the Cloverfield thing.