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Question: Can i use this name its kinda copyrighted!?
so i already know the phrase "Are you gellin" is copyrighted!. But what if i put R U gellin candles or are you gellin candles can i get in trouble for that!?Www@QuestionHome@Com


Best Answer - Chosen by Asker:
The phrase can not be copyright protected!. It can be trademarked and certainly is!. You could write a book with the title or a song, but marketing a product that uses something that looks like gell is likely to get you into an expensive legal battle, even if you demonstrate that the shoe people have no plans to market candles!.
If you get a trademark, you have to use it, not using it may mean you lose it, and it is supposed to be restricted to specific areas of marketing!.Www@QuestionHome@Com

There is no such thing as "kinda copyrighted" or "kinda trademarked"!.!.!.
In this case, you're too close for comfort!.
Even though foot products and candles are nowhere close and you may even have conclusive proof that never intend to foray into candles in the future, what you need to understand is that companies (especially these large ones) fight these battles because of the need to block precedents and to protect their brands!.

Let's say they allow you to go ahead and use it because it's close and it's only candles!.
Now, another guy wants to use RU gellin' soaps - ok!.!.!.
First, it's close enough that public perception of their product will be affected by what you do so they would have to watch youboth like a hawk to make sure you don't do anything offensive!.
Then, if the next guy came along and he wants to do RU Gelling condoms, - ok, this is going too far!.!.!. but they'd have to prove why they allowed the candle guy and the soap guy to go!.!.!. but in the meantime, the soap guy started a website that has naked women soaping up with his RU Gellin' soaps !.!.!.

In other words!.!.!. Anything that the public (or ultimately, a judge) might perceive as too close to the original copyright or trademark, simply can't be allowed in the first place, otherwise it could damage the original brand!.

Make sense!?
Better to spend a bit more sleepless nights thinking of a good, original catchphrase for your candles!.!.!. or throw it out to Y!A!!Www@QuestionHome@Com

Yeah, copyrights ussually go by whoever had them first (who was the first to use the phrase)!. They do not even have to register them first!.

The courts have been pretty broad in giving the benefit of the doubt to the party using the phrase first!. Thus, it is best not to mess with it!. Make your life easy, and think of something else!.Www@QuestionHome@Com

Sorry, but no matter what product, a copyright is a copyright!. You can't do it!.Www@QuestionHome@Com

Yeah, if its already trademarked you can't use itWww@QuestionHome@Com

no i don't think u can get in trouble for that its different righting but i don't know much about that so i would say its ok ^^Www@QuestionHome@Com

yesWww@QuestionHome@Com