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  1. #1
    Join Date
    May 2013
    Posts
    2

    Default Can I Use a Name Someone Else Has Previously Used

    In 2007 I came up with the name of an animated show I wanted to make. I made a youtube channel for it as well [I have a screenshot of the account and the date of joining]. It was just an idea back then but I would like to explore it further and hopefully post some videos online. I found after 2007 that there was a DJ group with the same name, for the sake of this question called 'Soap Dope' in another country, made independently. I've done some google searches of dj name from 2000-07 and nothing comes up, but the group does appear from 2008 onwards. Would I be able to have copyright to the name if I changed it to say 'The Soap Dope' or 'The Soap Dope: the animated series' for example? I also recently made a twitter account for this and had it verified.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can I Use a Name Someone else Has Previously Used

    You mean, trademark? How, if at all, would your planned use conflict with the (I guess we're to assume) common law use of this apparently defunct DJ? What confusion might occur in the marketplace due to your use of the same or similar name?

    If you check trademark listings, you will find that there are marks for which there are many registered uses for the same or similar words or phrases, but in different markets.

  3. #3
    Join Date
    May 2013
    Posts
    2

    Default Re: Can I Use a Name Someone else Has Previously Used

    Thanks for the info. I thought since they were the first to legally perform with the name that they would have the rights to it, but you do have a point about the same names in different markets [I can rest easy now].
    Thanks again

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