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Responding Online Dec 1998 "Current Technology" - Topic of Copyright Questions:

I was at the least fascinated with your article in this publication. From original business correspondence with
the copyright office (I intend to further correspond there as well) a question still looms with me. Could the
copyright office at some later time release themselves from an agreement with me for payment, issuance
of a mark, for services to copyright because a trade organization uses part of my submission in their
business name? To date, this other firm has not applied for copyright, however the firm is incorporated. I
hope a reply from you as I do not reveal the (phrase words) mark I am applying for until this query is
complete.

—Randy Frushour
Via Internet

Dear Randy:

I presume from your letter that you have filed a larger work with the Copyright Office and that you now
find that another company is using some of the words in your copyright filing in its corporate name.

In general, short titles and phrases are not copyrightable. As such, another company can use a short
part of the work you have registered as its trademark. While this seems unfair, there are many instances
where many people use short phrases and words for many purposes. Indeed, you can find exactly the
same mark used as a trademark by different organizations. So long as the use is for different products
or services, such use is permissible.

—Dr. Jon Roberts
Via Internet

What a great article. We (my client and I) had to deal with a copyright infringement case, in which they
literally copied the entire brochure, word for word, with the exception of a few photos. I would very much
like to use a part of this article to 1) educate new clients, 2) send notices out to known copyright
violators to prevent them from copying our newly designed materials. It would be greatly appreciated if
you could grant the permission to do so. Of course a credit line will accompany each usage. Again,
great article. Keep up the good work.

—Lio Chang
Nice Lie Advertising
Via Internet



Permission granted. Please feel free to call or email Liane LaBarba in regard to reprint rights and
stipulations. Call 972/690-6222, extension 16




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