I recently had an article entitled “A Different Kind of Title Insurance: How to Protect Titles of Creative Works” published in Bloomberg BNA’s Patent, Trademark and Copyright Journal.
Although books, movies, television shows, artwork, music, lyrics and sound recordings are protected by copyright, the titles, names and other short phrases associated with these creative works are often viewed as ideas or concepts and, therefore, do not contain the minimum amount of authorship to meet the requirements for copyright protection. However, in certain instances, trademark tools are avilable to provide a level of protection for titles. The article details and explores these tools and discusses how they sometimes diverge from traditional intellectual property doctrine.
The full text is available by clicking here.