[thelist] copyright help

[James S. Huggins (Evolt)]

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Hello Jake,
My name is Chip Sbrogna, President and Co-Founder of BionicMonkey
Studios. Unfortunately, we copyrighted the name back in the year 2000 and
since we're a new but established Limited Licensing Company (LLC) we can't
have another site using our name.
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NOTICE:
IANALAIDNPOOTV
I am not a lawyer and I do not play one on TV
This is not legal advice.


First, today, you don't "copyright" (as in, verb, transitive) anything.
Copyright is a "right to copy" that is vested in the author of a work when
the work is created. Stuff is copyrighted, but you don't "copyright it".

You CAN register a copyright, but registering a copyright is not
"copyrighting it". The copyright exists from the time it is created,
registered or not. Registering it gives you some additional leverage and
lets you sue for "damages", but it does not "create" the copyright.


Second, I am completely unfamiliar with the term "Limited Licensing
Company". A search on Google returned ONE (!) reference. I am familiar with
"Limited Liability Company" (LLC). It is a business structure that combines
elements of partnerships and corporations. It shields the owners from
personal liability. Profits and losses pass directly to the owners without
taxation of the entity itself. It was created in some states to provide a
structure similar to a corporation for professionals like lawyers, doctors
and accountants that were prohibited form incorporating. It requires the
filing of paperwork with the state.

See
http://www.lectlaw.com/def/l040.htm


Third, names (like BionicMonkey) can't be copyrighted at all. They CAN be
TRADEMARKED. However, trademarks and copyrights are more different than they
are similar. Although often confused, they are not related. And, when
trademarked, it does not prohibit ALL use, only some use (except in certain
circumstances that make lawyers lots of money).  Also, trademarks can be
registered and unregistered. And even if they have a registered trademark
for BionicMonkey Studios, that doesn't (necessarily) prohibit someone from
creating BionicMonkey Bread or BionicMonkey Autos or BionicMonkey Burgers,
for the same reason that it is possible to have McDonalds Electronics and
McDonalds Car Repair and McDonalds Heavy Equipment Leasing (but not
McDonalds Fish and Fries).


Fourth, a check of the registration of BionicMonkey.com at
http://www.betterwhois.com/bwhois.cgi?domain=bionicmonkey.com
shows no mention of the LLC owning the name.

It shows:
   Administrative Contact:
      chip Sbrogna (WK9P2) rsbrogna at wesleyan.edu
      Reseller weballstar.com for Bionic Monkey
      68 Summit St #2A
      New York, NY 11231
      us
      Phone: (718)246-9466

It does reference Chip Sbrogna at Wesleyan University.

It also references the company weballstar.com as "reseller". So, what is
weballstar? I don't know. Go to http://www.weballstar.com and you tell me.



James S. Huggins




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