Can anyone use the name Webster's Dictionary?

[greeny2]

I know you can’t copyright a book title, hence the dozens of school texts with names like “American History”.

But shouldn’t the name Webster belong to one company?
There are lots of competing Websters out there.

[Short]

In general, surnames can not be trademarks,

** US Code Art 15 Sec 1052 (e)(4):
No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature… (e)(4)unless it -is primarily merely a surname,…
http://caselaw.lp.findlaw.com/casecode/uscodes/15/chapters/22/subchapters/i/sections/section_1052.html **

for example, my Webster’s New World Dictionary indicates “Webster’s New World” as the trademark.

On the other hand, could you use the word “Webster’s” in association with your dictionary and get away with it? probably not.

**USC Title 15 Section 1125
(a) Civil action
(1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which -
(A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or … shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.

http://caselaw.lp.findlaw.com/casecode/uscodes/15/chapters/22/subchapters/iii/sections/section_1125.html
**

I believe “American History” is a descriptive term, and therefore can’t be a trademark. You are quite correct that titles (books or movies) can not be copyrighted, however, a trademarked term may (I think) be used in a title. That’s just my WAG though. This part of your question might have to be answered by a lawyer. Is there a JD in the house?

[ubermensch]

i thought all ‘websters’ were based on the original (noah?) “webster’s” dictionary, whose copyright has expired, and therefore can be derived (and updated) and used for anyone’s means. i actually asked myself this question about 2 months ago.

[mobo85]

Anyone can use “Webster’s.” The publishing company Merriam-Webster, who I guess are one of the most famous publishers, explain in their books that anyone can use Webster’s, but the name Merriam-Webster has a certain quality to it. Their slogan is even, “Not just Webster. Merriam-Webster.”

[handy]

I guess no one has a Webster’s dictionary or they would have looked up the word ‘webster’:

web•ster "web-ster\ noun [ME, fr. OE webbestre female weaver, fr. webbian to weave; akin to OE wefan to weave] (12c)
archaic : weaver 1

©1996 Zane Publishing, Inc. and Merriam-Webster, Incorporated. All rights reserved.