I am teh thief, apparently

IVstudios · Post by **IVstudios** » Mon Sep 05, 2005 4:59 pm

I just received a "cease and desist" request for the use of the title "World Warp"

Dale Berridge wrote:Sir, I applied for and recieved the copywrite on the name WorldWarp for my comics in 2002. I will scan and forward the info to you if nessecary. Please verify that you have a claim to the name WorldWarp for your comics or please cease and desist using the name. Thank you

Followed by an E-mail with "proof."

Dale Berridge wrote:The attachments are the first publication World Warp appeared in.
Please note the date 2002

Bonus pints for calling me "sir," but he loses points for using Comic Sans and not spellchecking his E-mail. Now what should I do? Should I ignore him? Write him back? Change the title of my comic? Dance a Jig? I'm not familiar with copy right infringement, so I'm a little fuzzy on my next step.

Post by **Mercury Hat** » Mon Sep 05, 2005 5:08 pm

I didn't think you could copyright a title, just the characters/story/etc. In my opinion, if your stories are completely different, you should be fine.

CaptainClaude · Post by **CaptainClaude** » Mon Sep 05, 2005 5:10 pm

Oh, dance a jig, definatly.

Joel Fagin · Post by **Joel Fagin** » Mon Sep 05, 2005 5:16 pm

I don't think he has a leg to stand on and he might even know it. Either that or he has no idea what he's talking about. He's using the word "copyright" as if it's the word "trademark" and it isn't. You do not apply for, nor "recieve" copyright. He can't spell, it's not written by a lawyer and I reckon you can safely ignore it. If he gets a lawyer, you'll get another C&D from him and that'll be the time to change the name.

I'm guessing, mind, but it all seems reasonable.

- Joel Fagin

Taiwanimation · Post by **Taiwanimation** » Mon Sep 05, 2005 5:16 pm

Eh, I'd just ignore it. The guy has no understanding of "copywrite" law.

Princess · Post by **Princess** » Mon Sep 05, 2005 5:18 pm

You should send him a fruitcake to say sorry

McDuffies · Post by **McDuffies** » Mon Sep 05, 2005 5:18 pm

Change name to World Larp. That oughta piss him off.

Post by **Mercury Hat** » Mon Sep 05, 2005 5:18 pm

What Joel said. From copyright.gov:

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.

Princess · Post by **Princess** » Mon Sep 05, 2005 5:18 pm

edit: I have no idea why that posted twice

McDuffies · Post by **McDuffies** » Mon Sep 05, 2005 5:20 pm

*stares at Princess*

Fading Aura · Post by **Fading Aura** » Mon Sep 05, 2005 5:27 pm

I checked the copyright with the U.S. Copyright Office. "World Warp" was copyrighted on July 19, 2002. However, according to the copyright, it's only protecting 6 (that's right, SIX) cartoons at this time. It's odd that someone is demanding you drop the name of your comic (which has been consistently running) for one that has only produced six comics in the last 3 years.

Mercury Hat and Joel Fagin nailed it on the head. You can only copyright the content - not the name. Otherwise, rock stars would have to come up with odd new names for their songs to avoid using someone else's.

Based on the e-mail and proof he sent you, I wouldn't be too worried about legal recourse. Whether you ignore or respond is solely up to you.

Joel Fagin · Post by **Joel Fagin** » Mon Sep 05, 2005 5:29 pm

Mercury Hat wrote:What Joel said. From copyright.gov:
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.

I'd send that back to him.

Well, I'd be tempted.

- Joel Fagin

IVstudios · Post by **IVstudios** » Mon Sep 05, 2005 5:48 pm

And so I did.

I wrote:Thank you for your E-mail,

I thank you for bringing this to my attention. I decided to take the time to investigate the matter further. I was directed to check http://www.copyright.gov and found that copyright dose not apply to the title of a work, only the content. (you can read for yourself here: http://www.copyright.gov/help/faq/faq-p ... html#title ) Seeing as how the content of our comics dose not appear to be similar I feel that my work dose not infringe on your rights as an artist. So at this time I will not be changing the title of my work. I thank you for your concern.

Nice, polite and condescending

. I can't wait to see how he will reply. ($10 says i never hear from him again) Thanks for the help guys.

Oh! And I almost forgot.
*Dances a Jig*

CJBurgandy · Post by **CJBurgandy** » Mon Sep 05, 2005 5:50 pm

and you typoed too just to show him that you can do it too.

Rkolter · Post by **Rkolter** » Mon Sep 05, 2005 5:53 pm

If he does reply, be sure to let us know.

IVstudios · Post by **IVstudios** » Mon Sep 05, 2005 5:57 pm

cjburgandy wrote:and you typoed too just to show him that you can do it too.

But I have an excuse, I typo all the time.

I am a professional typo-ist.
For example, I have read what I typed like 50 times and I still can't see what you mean...

Edit: AcK! now I see!

*Is humiliated and ashamed*

Gengar003 · Post by **Gengar003** » Mon Sep 05, 2005 5:59 pm

Additionally, copyrights, unlike patents, can be "held," (though I'm not sure that's the right word) by multiple people provide both came up with the ideas on their own, independently, without any knowledge of the other.

But, since it doesn't apply to titles anyway, it's moot.

CJBurgandy · Post by **CJBurgandy** » Mon Sep 05, 2005 6:00 pm

/me hugs IV

Cortland · Post by **Cortland** » Mon Sep 05, 2005 6:03 pm

If you really want to cheese him off, go and register World Warp as a trademark and then send him a cease and desist order for using it.

Or not.

Blackaby · Post by **Blackaby** » Mon Sep 05, 2005 6:03 pm

Or call yourself World Warp 182

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I am teh thief, apparently

I am teh thief, apparently

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