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 Forum index » Archive » Archive: Cloverfield (1-18-08) » Cloverfield: General / Updates
[META][SPEC] "Cloverfield" Name Skepticism Remains
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malemunyon
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Joined: 30 Jul 2007
Posts: 51

[META][SPEC] "Cloverfield" Name Skepticism Remains
Trademark not filed

With the release of trailer #2, I thought this would be a good time to make another substantial post here rather than lurking.

Studios normally secure trademarks before movies are even greenlighted to avoid other parties from trademarking it first (and potentially suing the studio). Paramount would not risk naming this film without first trademarking the name. Trailer #2 obviously shows the title being "Cloverfield." However, neither Paramount nor Bad Robot (nor anyone else) has secured the trademark to use the name "Cloverfield" for a motion picture. The only filed trademark for "cloverfield" is owned by Cumberland Farms as a name of their bread (trademark serial #75334107).

Seeing that Paramount does not currently own the trademark "Cloverfield," there are two possibilities:

1) Cloverfield is being used as the temporary title. The real title will be announced later. The word "cloverfield" will still be incorporated into the film (refer to the first few seconds of trailer #2).

2) Cloverfield is the real title. The TESS database is updated one week after trademarks are filed. If the trademark HAS been filed within the past seven days it will not yet be in the database. This would be an odd move. We've known Cloverfield was the code name for the project for months now; anyone could have beaten them to the punchline and filed the trademark ahead of the studio.

We'll find out the answer within ~7 days. If Cloverfield doesn't appear in TESS after that, I'll further raise my doubts.


Edit: Tagged and clarified. -SpaceBass

PostPosted: Fri Nov 16, 2007 2:17 am
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saneman
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Joined: 28 Jul 2007
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Is there precedent for a film releasing its trailer with one title, then actually being released to theaters with a different one?

PostPosted: Fri Nov 16, 2007 2:21 am
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InAFieldofClover
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Joined: 30 Aug 2007
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Well, obviously the promotional campaign is about to kick off big time. Cast members are giving interviews, the official trailer emerges, etc. We're two months away from the film being released, which isn't a long time. The likelihood of still opting to go with a fake title for the time being is slim. Why promote a film for two months leading up to its release only to go with something else and have the general public wondering where the hell "Cloverfield" is on 1/18 after seeing commercials for it being referred to by that title? Abrams might be a mysterious guy, but he's not stupid.

PostPosted: Fri Nov 16, 2007 2:24 am
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malemunyon
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saneman wrote:
Is there precedent for a film releasing its trailer with one title, then actually being released to theaters with a different one?


http://en.wikipedia.org/wiki/Fly_Away_Home comes to mind.

PostPosted: Fri Nov 16, 2007 2:25 am
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Chump Force 1
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As of today, the name is Cloverfield. The millions who see the trailer in the theater and online will eventually get used to the name.

If it's changed, its only going to cause confusion with the casual moviegoer and potentially lose business...I can't see Paramount being very comfortable with a name change less then 2 months before the scheduled release date. At the end of the day the studio is in it to make $$, they'll only let this get so edgy.

I'm no expert on the copyright stuff, so don't have a response for you on that…is there a copyright/entertainment attorney in the house?

PostPosted: Fri Nov 16, 2007 2:34 am
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Chump Force 1
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saneman wrote:
Is there precedent for a film releasing its trailer with one title, then actually being released to theaters with a different one?


Oh, I just remembered that Star Wars Ep. VI, was changed from "Revenge of the Jedi" to "Return of the Jedi"...I can't recall exactly why and I'm too lazy to look it up right now, but the change was done long before "Jedi" was released.

PostPosted: Fri Nov 16, 2007 2:38 am
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clownnation
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Joined: 04 Sep 2007
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Im no expert, but as an artist I have created many Copyrights

1. A trademark and a Copyright are two different things
2. A trademark is a name or symbol that you use to describe a buisness or an institution of some sort. For example "Paramount" is a trademark
3. A Copyright is the ownership of a creative, Intellectual work. Like the title of a book, or a poem, or a drawing. Anything you create can be given a copyright. The names of movies are copywritten not Trademarked

You would have to see if a film named "Cloverfield" is copywritten. The owner of the TRADEMARK Cloverfield, is because that seems to be the name of a buissness, which would indeed require a trademark.

PostPosted: Fri Nov 16, 2007 2:43 am
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Red Walrus
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Joined: 24 Jul 2007
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Chump Force 1 wrote:
saneman wrote:
Is there precedent for a film releasing its trailer with one title, then actually being released to theaters with a different one?


Oh, I just remembered that Star Wars Ep. VI, was changed from "Revenge of the Jedi" to "Return of the Jedi"...I can't recall exactly why and I'm too lazy to look it up right now, but the change was done long before "Jedi" was released.


I think it was because they didn't want it to sound too much like "The Wrath of Khan" which came out around the same time.

PostPosted: Fri Nov 16, 2007 2:45 am
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malemunyon
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Let me note that "slusho!" and "you can't drink just six" are already trademarked.

PostPosted: Fri Nov 16, 2007 2:54 am
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Ecks51
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Red Walrus wrote:
Chump Force 1 wrote:
saneman wrote:
Is there precedent for a film releasing its trailer with one title, then actually being released to theaters with a different one?


Oh, I just remembered that Star Wars Ep. VI, was changed from "Revenge of the Jedi" to "Return of the Jedi"...I can't recall exactly why and I'm too lazy to look it up right now, but the change was done long before "Jedi" was released.


I think it was because they didn't want it to sound too much like "The Wrath of Khan" which came out around the same time.


[OT]
It was changed because "Revenge" isn't taught by the Jedi Order, and didn't even describe the events in Episode VI; so Lucas changed it. IIRC
[/OT]
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PostPosted: Fri Nov 16, 2007 4:13 am
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Euchre
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Joined: 29 Aug 2007
Posts: 3342

Ecks51 wrote:
Red Walrus wrote:
Chump Force 1 wrote:
saneman wrote:
Is there precedent for a film releasing its trailer with one title, then actually being released to theaters with a different one?


Oh, I just remembered that Star Wars Ep. VI, was changed from "Revenge of the Jedi" to "Return of the Jedi"...I can't recall exactly why and I'm too lazy to look it up right now, but the change was done long before "Jedi" was released.


I think it was because they didn't want it to sound too much like "The Wrath of Khan" which came out around the same time.


[OT]
It was changed because "Revenge" isn't taught by the Jedi Order, and didn't even describe the events in Episode VI; so Lucas changed it. IIRC
[/OT]

DAMN! You beat me to it...
I was just going to say "No paduan, it's not the Jedi way..."
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Any sufficiently twisted reality is indistinguishable from fiction.
Welcome to the new world of entertainment.
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PostPosted: Fri Nov 16, 2007 4:15 am
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Kaliyuga
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Joined: 27 Jul 2007
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clownnation wrote:
Im no expert, but as an artist I have created many Copyrights
3. A Copyright is the ownership of a creative, Intellectual work. Like the title of a book, or a poem, or a drawing. Anything you create can be given a copyright. The names of movies are copywritten not Trademarked


Titles are not copyrighted.

One cite: http://www.moviemaker.com/articles/item/letters_3224/

Trademarks can be filed, but in terms of copyright, it's the 'idea', not the name.

PostPosted: Fri Nov 16, 2007 9:56 am
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Euchre
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Joined: 29 Aug 2007
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clownnation wrote:
You would have to see if a film named "Cloverfield" is copywritten. The owner of the TRADEMARK Cloverfield, is because that seems to be the name of a buissness, which would indeed require a trademark.

Copyrights aren't registered in a database like trademarks are. You can't search for a copyright. Based on copyright being held by the first to conceive of something, Cloverfield would be Cumberland Farms' because they bothered to come up with it years ago.
It's all about the trademarks, go search some of those movie titles out in the USPTO database, because they are there. (Like search for Forest Gump.)
_________________
Any sufficiently plausible fiction is indistinguishable from reality.
Any sufficiently twisted reality is indistinguishable from fiction.
Welcome to the new world of entertainment.
©Euchre 2007


PostPosted: Fri Nov 16, 2007 10:18 am
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mcompact
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Joined: 16 Nov 2007
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Red Walrus wrote:
I think it was because they didn't want it to sound too much like "The Wrath of Khan" which came out around the same time.


The second Star Trek was originally going to be called "The Vengeance of Khan". Lucas asked Paramount to rename the film because it sounded too much like "Revenge of the Jedi". After Paramount complied Lucas decide to change the name of Episode VI to "Return of the Jedi".

PostPosted: Fri Nov 16, 2007 11:27 am
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British Guy
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Joined: 01 Nov 2007
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would it be a possibility that Cloverfield is a name that cannot be TM'ed or whatever because it is a name that is in the public domain with it having been the name of an airfield?

PostPosted: Fri Nov 16, 2007 12:16 pm
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