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What is the law in this situation?

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dncr

Member
What is the name of your state? California

Ok, I am a member of a club. The club's name is copyrighted. I am making a calendar featuring various members of the club. I am being careful not to outright use the name of the club, but I am listing the participants' member numbers (the club members kind of make a big deal out of their numbers and like to display them). The calendar is comprised entirely of members and sold primarily to members.

1. If I put in the calendar "**** (club name)#12345" (in other words, the name of the club and the number), and I mis-using their copyright?

2. If the above is yes, what if I leave out the name of the club, but just use the number?

3. I am not using any of the club's resources for this project. Given the above information (and I'll supply any other details necessary to answer my questions), can the club take any recourse against me for producing this project? I did this last year and it was quite popular, although only about 200 of the club's 40,000 or so active members really knew about it. I'd like to advertise it in the club's newsletter without getting in trouble and without them demanding some sort of royalty.

Thanks for your help!
 


J

J. Michael

Guest
The club name CANNOT be copyrighted in the U.S.

However, trademark law, the Lanham Act, publicity rights, and privacy rights would likely not permit your project.
 

dncr

Member
J. Michael said:
However, trademark law, the Lanham Act, publicity rights, and privacy rights would likely not permit your project.
Can you elaborate? What specifically about these acts would be violated?

Also, I must be using the wrong term...the name of the club is probably Trademarked, not copyrighted.
 

BelizeBreeze

Senior Member
The club's name can be registered as a trademark and even without such, without the club's permission to use such, they could easily bring a tort action against you for unauthorized use of the name in advertising/promotional materials.

Either get the club's permission or forget the project.
 

dncr

Member
Ok, what if I don't use the name anywhere in it? If I get the club's permission (which can sometimes be difficult), they're going to require royalties which I understand can be significant. Can I show the member numbers without the club name and be ok?
 

BelizeBreeze

Senior Member
That question is one of fact for a judge or jury to decided based on a presentation of all relevant facts surrounding the 'usage'. Simply put, without knowing the organization, any circumstances where the member number would be 'readily identifiable' or other facts surrounding your usage, no one here can pretend to know.

Simply put, either pay or don't play.
 

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