What is the name of your state (only U.S. law)? California
I'm a screenwriter with a literary option set to expire 9/30/09. The producer who optioned the material cannot come up with the funds to purchase the screenplay. During the option period, he set up a website to entice financiers. This website included merchandise based on my literary material. The producer is now claiming that he can trademark the title of my project and sell the merchandise that's based on my screenplay without my consent because he claims that my copyright does not protect the title or the idea. Is this factual? If not, what can I do?
I'm a screenwriter with a literary option set to expire 9/30/09. The producer who optioned the material cannot come up with the funds to purchase the screenplay. During the option period, he set up a website to entice financiers. This website included merchandise based on my literary material. The producer is now claiming that he can trademark the title of my project and sell the merchandise that's based on my screenplay without my consent because he claims that my copyright does not protect the title or the idea. Is this factual? If not, what can I do?