Wants to Blog FOX TV Series

Dear Rich: Greetings from Denmark. I'm thinking about creating a web page that will be about a very popular Fox series. I want people to blog out best quotes and get voting etc. The web page will be also about fan material. I want to use their official JPGs that you find on Google. Do you think this is acceptable or its clear that I will get banned? Greetings from California where the Dear Rich Staff is busy avoiding the mess that is called the America's Cup. As for your potential website, Fox, like most TV networks takes an approach we would describe as "watchful noninterference." That is they will allow fans to create fan sites using copyrighted content provided that the site does not seek to exploit the content in a way that competes with the network. For example, Fox apparently looks the other way when it comes to fan websites for its popular Glee program. These sites also contain detailed disclaimers, as well. You should include a similar disclaimer (though as we have pointed out before, it has limited value). We imagine that you will likely run into problems if your site offers unauthorized T-shirts or DVDs, or offers downloadable content from the series. The only other way you might get "banned" would be if your Internet service provider, acting on its own, determined that you offered infringing material and demanded that you pull it -- an unlikely scenario.

Do We Have to Include Trademark Punctuation?

If a statement such as "Fly high. Fly now." is a trademark, does the punctuation need to be included in the trademark statement at the end of an advertisement? I was taught that it does, but if the trademarked phrase is not italicized or boldfaced, it looks odd. (In the example, it would appear as "Fly high. Fly now. is a trademark of the Whatzit Corporation.") The thing about those tiny trademark statements at the bottom of ads is that nobody reads them except the attorneys for the companies whose trademarks you're mentioning. So it really doesn't matter how it looks as long as  you duplicate the mark as the owner intended. (By the way, if it looks really strange, use single quotation marks to set it apart.) Also, if the mark is registered, indicate that it is federally registered, but don't make a similar statement about an unregistered mark. In some cases -- for example, if you're using a mark with the permission of the owner -- you may have a contractual obligation to use specific language. By the way we took a look at punctuation and trademarks about three years ago so we won't bore you by revisiting the Hall of Famous Punctuated Marks (although we were surprised to see that a few people have registered Punctuation as a mark).

How Do I Word a Copyright Disclaimer for YouTube?

Dear Rich: I've seen a lot of different statements posted by people at YouTube so they won't get sued over copyright infringement. What is the best thing to write to prevent getting sued? These statements -- known in legal parlance as "disclaimers" --  are intended to prevent (or at least limit) copyright infringement claims. The most common of the half-million disclaimers used at YouTube is apparently "No Copyright Intended" which -- despite its ambiguous meaning -- is about as effective as going 90 MPH in your car with a sign that says "No Speeding Intended." Other disclaimers state that the user is claiming fair use. Unfortunately, claiming fair use doesn't mean that the work qualifies as a fair use. Only a court can determine that. In truth, we don't believe that there is really any disclaimer (scroll to bottom of page) that would be effective in preventing a lawsuit if your video infringes someone else's work.
So what do you say? Knowing that disclaimers won't prevent a lawsuit, you might be able to limit damages in a lawsuit by stating something to the effect of "No copyright is claimed in [content copied] and to the extent that material may appear to be infringed, I assert that such alleged infringement is permissible under fair use principles in U.S. copyright laws. If you believe material has been used in an unauthorized manner, please contact the poster." Don't expect this to do much --  most copyright owners will bypass this and have it removed under a DMCA notice -- but it may set a more sympathetic tone for you as a defendant if you find yourself responding to a lawsuit.

Should I Make Disclaimer When I File TM Application?

Dear Rich: I am applying for a trademark and I had a question. I want to use my trademark for a website for people who own daycare businesses. (I already have the domain name.) The trademark has the word "DayCare" in it and I know that I can't trademark that part of the name. Should I make a statement giving up rights to "Daycare" under the "additional statement" section. What do you think? You're correct that nobody who runs a daycare business can claim trademark rights to the word "daycare" -- it is a generic term for  businesses that care for kids. So most people who include it in their trademarks will have to disclaim it. As a general rule, most trademark attorneys would probably take the position that it's best not to disclaim anything unless asked to do so by a trademark examiner. The reasons for this blanket rule: (1) you can't always predict what the examiner will ask you to disclaim -- for example, though it's highly likely you'll be asked to disclaim the term, there's always the possibility that the examiner may not ask for it because you are providing online services (and not daycare services), (2) adding a disclaimer later won't derail your application (though it will slow the process), and (3) by taking the initiative yourself, you may mistakenly disclaim an essential element of your mark.
That Said Dept. That said, if you're certain that an examiner will ask you to make the disclaimer -- for example, your competitors have been asked to make similar statements in their applications (you can review all existing applications and registrations online) -- and you're in a hurry to get your registration, then make the disclaimer at the time you file the application. (The intake box is shown below).