Can I use a store name from a book turned movie?

[ColorOurWorld]

I am going to open an e-store, etsy shop and or ebay store and was wondering if I can use a name of a store from a book turned movie as my shop name and if it matter is that name is in the title or not. I have always liked the store name from the Stephen King book/movie "Needful Things". I have some other options that are not from titles but are also book turned movies.

 

[quincy]

I am going to open an e-store, etsy shop and or ebay store and was wondering if I can use a name of a store from a book turned movie as my shop name and if it matter is that name is in the title or not. I have always liked the store name from the Stephen King book/movie "Needful Things". I have some other options that are not from titles but are also book turned movies.

Book and movie titles are not copyright-protectable, so that would not be an issue for you. However the name could already be someone's trademark, used as an identifier for their product or service.

You will need to do a trademark search, perhaps starting with a United States Patent and Trademark Office (USPTO) search at http://www.uspto.gov. Because a trademark in the US does not need to be registered for a user to have enforceable rights in the mark, your search cannot end with the USPTO. You will need to check state registries and do a common law mark search. It is possible to do this on your own although it can be easiest to hire a trademark search firm.

I like your proposed name. I hope it is a name that is available for you to use.

 

[quincy]

There is an online auction site operating under the trademark, "Your Needful Things Collectible Auction." Registration for the name was filed with the USPTO in June of this year.

I think you will need to try out one of your other titles for your online store.

Good luck.

 

[adjusterjack]

I am going to open an e-store, etsy shop and or ebay store and was wondering if I can use a name of a store from a book turned movie as my shop name and if it matter is that name is in the title or not. I have always liked the store name from the Stephen King book/movie "Needful Things". I have some other options that are not from titles but are also book turned movies.

It's always a big financial risk using someone else's creation.

Even if you are in the right, you can still be sued and defense costs alone can put you in the poorhouse and put an end to your business.

As tempting as it is, I suggest you come up with your own unique name.

 

[quincy]

It's always a big financial risk using someone else's creation.

Even if you are in the right, you can still be sued and defense costs alone can put you in the poorhouse and put an end to your business.

As tempting as it is, I suggest you come up with your own unique name.

No. It really is not "always a big financial risk" to use someone else's creation. It depends on the creation that is used and the facts of the use.

Most book and movie titles can be used by others without risk. You have, for example, the following book titles that were used by more than one author: Sanctuary, Snow, Forever, Twilight, The Homecoming ... well, the list is an extensive one.

Titles cannot be copyrighted and very few titles become trademarks.

If there is any legal risk, it comes when a title is used as a trademark and the trademark is identifying a company offering products or services similar to ones marketed under the same or similar name.

What is of concern to ColorOurWorld is that a name similar to Stephen King's book title "Needful Things" has been registered to a company that is in a business similar to the one ColorOurWorld plans to start. This is likely to create consumer confusion. When trademarks compete in the marketplace and consumer confusion is generated, a cease and desist letter and/or a lawsuit often follows.

This does not preclude ColorOurWorld's use of another title for the name of her online store. But, again, a thorough trademark search should be done to best ensure no rights are being infringed.