Oh yes, I recognise that has always been the case but I wondered if the Chicago Times or Creative Loafing had ever registered the name for copyright as I understand they did publish some books.
Reckon it would be nigh on impossible to register such a phrase. It would be akin to the estate of Steve Irwin copyrighting BLIMEY as their personal property.
You wouldn’t be able to copyright the simple pre-existing phrase “The Straight Dope” - it’s not a sufficiently original work. You might be able to trademark it.
As others have said, you can’t “copyright” a simple word or phrase. You can register it as a trademark, which indeed they have. Trademarks cover a specific usage, so if another newspaper set up a similar column and called it The Straight Dope, then they would have a problem. Similarly, a book dealing with answers to common questions might not be able to use the title, but one on an unrelated subject should be fine.
Copyright law grants exclusive rights in an original and creative work of expression. It does not protect single words, short phrases, titles, names, or slogans.
Trademark law grants exclusive rights in a term, logo, or other distinctive symbol indicating the origin of goods or services—in other words a brand name. Trademark law also does not protect something that is only an author’s name or the title of a work. A commonly understood term can be a trademark so long as it is not being used for its literal meaning.
Titles are not copyrightable. Zillions of books have had identical titles; some have even been put out at the very same time on similar subjects. There are books titled Star Wars, for that matter, about the Strategic Defense Initiative.
So, given that titles and author names have no protection, and the trademark Straight Dope is limited to the uses in the post above, I could bring out a book, The Straight Dope by Cecil Adams, and there would be no come-back?
You mean it’s “registered.” Trademarks need not be registered. That’s a pitfall of using “trademark” (or “copyright”) as a verb. It leads to misunderstanding of the source of rights.
It might not be infringement of the “Straight Dope” trademark or copyright infringement but it certainly might be false designation of origin or unfair competition.
No. The action against you wouldn’t be founded on breach of trademark it would be founded on “passing off”. You would be accused of deliberately passing off your book as being a work by Unca Cec to gain from his reputation. This probably wouldn’t be a problem if your book title happened to be the same as someone else’s. However where - as in your example - it is utterly implausible that the commonality is a mere coincidence and must rather be a deliberate ploy to deceive, you could be liable.