August 24, 2012

Film Title Search and Report

A film title search and the subsequent film title report is a search of several types of databases to determine whether or not your film title is clear for use. And, oftentimes, insurance companies will want such a search and report prior to issuing errors and omissions insurance with regard to your particular film project.

So, what is a film title search and report? Well, a film title search is a search of several different databases and other resources to determine whether or not there are any outstanding terms, names, or trademarks that may conflict with your potential film title. The first of these searches is a search of the U.S. Patent and Trademark Office database, as well as Common Law trademarks that may exist.

The purpose of this search is to ensure that there are no outstanding trademarks that may conflict with or cause a potential risk to your film title. The test for that is whether or not that trademark or trade name is identical or confusingly similar to your film's title.

Welcome to Copyright Law Radio. We bring you the best in copyright news, legal advice and information.  From copyright infringement claims and defenses to threat letter issues, DMCA takedown notice letters, copyright licensing, and legal analysis of the latest copyright law cases, we have a copyright attorney who can answer your copyright questions.

Hello. You are listening to Traverse Legal Radio. My name is John Di Giacomo, and I'm an attorney with Traverse Legal. I practice in the areas of copyright and trademark, as well as others related to internet law. Today, I'd like to talk to you a little bit about film title searches and film title reports.

A film title search and the subsequent film title report is a search of several types of databases to determine whether or not your film title is clear for use. And, oftentimes, insurance companies will want such a search and report prior to issuing errors and omissions insurance with regard to your particular film project.

So, what is a film title search and report? Well, a film title search is a search of several different databases and other resources to determine whether or not there are any outstanding terms, names, or trademarks that may conflict with your potential film title. The first of these searches is a search of the U.S. Patent and Trademark Office database, as well as Common Law trademarks that may exist.

The purpose of this search is to ensure that there are no outstanding trademarks that may conflict with or cause a potential risk to your film title. The test for that is whether or not that trademark or trade name is identical or confusingly similar to your film's title.

The second component of that film title search is a U.S. copyright search, and a legal opinion on that search. A U.S. copyright search is a search of the U.S. copyright database, which is located inside of the Library of Congress, but is also accessible to some extent online. A U.S. copyright search is intended to determine whether or not there are other preexisting terms or works that may prohibit your use of that film title's name.

Additionally, a Common Law film title search is also appropriate. A Common Law title search for films is a search of outstanding databases that list films. It may be the Internet Movie Database, or it may be others. The purpose here, again, is to determine whether or not there are any out there that would cause risk or otherwise present a problem moving forward.

Additionally, a good attorney will check song title and musical composition databases to determine whether or not there are other preexisting titles that may pose a potential risk. These risks could be whether under trademark law or copyright law.

Finally, after analyzing and identifying all these risks, the attorney will provide a film title report. A film title report is a final legal opinion letter that clears the use of that film title for both use internally and for distribution. Again, the purpose of this report is so that you can hand that report to your insurance company for errors and omission purposes.

If it turns out that there is a serious problem with the title in question, a good attorney will work with you on analyzing the level of risk associated with that title. This too should be included on any film title report.

So, that's a small glimpse at what is involved in a film title search and report. If you have any other further questions, do not hesitate to contact me directly at Traverse Legal. Again, my name is John Di Giacomo, and this has been a Traverse Legal Radio broadcast.

You’ve been listening to Copyright Law Radio, where copyright infringement, licensing, litigation, and news are always the topic of the day.  Whether you are a copyright attorney or a client, we are the number one resource for all your copyright questions.

 

COMMENTS

The comments to this entry are closed.

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d834208fd253ef0176176a6513970c

Listed below are links to weblogs that reference Film Title Search and Report:

Official Trademark Clearinghouse Agent

Copyright Infringement & Internet Defamation Blog Homepage: Copyright Infringment Lawyer, Internet Defamation, and Internet Privacy

ARCHIVES

Domain attorney recommended by Domaining.com
© 2011 Traverse Legal, PLC. All Rights Reserved.
Traverse Legal on LinkedInTraverse Legal on FacebookTraverse Legal on Twitter
Events & Conferences:
  • International Trademark Association 2011, San Francisco, California
  • Cyber Law Summit 2011, Las Vegas, Nevada
  • Game Developers Conference 2011, San Francisco, California
  • DOMAINfest 2011, Santa Monica, California
Recent Attorney Speaking Engagements:
  • South By Southwest 2010 SXSW Interactive Conference, Austin, Texas
  • West LegalEdcenter Midwestern Law Firm Management, Chicago, Illinois
  • Internet Advertising under Part 255, Altitude Design Summit, Salt Lake City, Utah
  • Online Defamation and Reputation Management, News Talk 650 AM, The Cory Kolt Show, Canada Public Radio Saskatewan Canada
  • Alternative Fee Structures, Center for Competitive Management, Jersey City, New Jersey
  • FTC Part 255 Advertising Requirements, Mom 2.0 Conference, Houston, Texas
  • Webmaster Radio, Cybersquatting & Domain Monetization, Fort Lauderdale, Florida
Notable Complex Litigation Cases Handled By Our Lawyers:
  • Trademark Infringement, Milwaukee, Wisconsin
  • Cybersquatting Law, Trademark Law and Dilution Detroit, Michigan
  • Internet Defamation & Online Libel Indianapolis, Indiana
  • Trade Secret Theft, Chicago, Illinois
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Miami, Florida
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Eastern Dist. of Virginia, Alexandria
  • Stolen Domain Name, Orlando, Florida
  • Commercial Litigation, Tampa, Florida
  • Copyright Infringement and Cybersquatting Law, Grand Rapids, Michigan
  • Mass Tort Litigation, Los Angeles, California
  • Stolen Domain Name, Detroit, Michigan
  • Adwords Keyword Trademark Infringement, Los Angeles, California
  • Trademark Infringement & Unfair Competition, Boston, Massachusetts
  • Non-Compete Agreement and Trade Secret Theft, Detroit, Michigan
  • Mass Tort, Philadelphia, Pennsylvania
  • Mass Tort, Tyler, Texas
  • Insurance Indemnity, New York
  • Copyright Infringement, Detroit, Michigan