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Trademark FAQs - related questions & answers

Question: When was the trademark law treaty in place?

Answer:
Adopted on October 27, 1994, entered into force on August 1, 1996. Thirty-three states, including the United States, are party to the TLT as of July 1, 2005.


Question: Is the name of a band a trademark?

Answer:
It depends on how it is used. A band name may function as a service mark for entertainment services in the nature of performances by a musical group if it is used to identify and distinguish the service of providing live performances.

Question: How do I obtain a license to use copyrighted music?

Answer:
First, gather as much information as you can about the music. Second, contact the appropriate performing rights organization to get the name, address and phone number of the publisher who controls the copyright. Thirdly, contact the publisher.
 

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Daily Terms

Fair Use

Definition:
A defense to a charge of copyright or trademark infringement.

Digital Millennium Copyright Act

Definition:
A major piece of U.S. legislation adopted in 1998 that extensively amended the copyright laws, in part to conform U.S. law to various treaty obligations, and in part to modernize the law to take into account various new digital technologies.

Misappropriation

Definition:
A common law form of unfair competition in which an individual or firm copies or appropriates some creation of another that is not protected by patent, copyright, or trademark law, or any other traditional theory of exclusive rights.

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