trademark or copyright? how do i protect this?

[sp0om]

Hello, i own a small pc case modding website and i have just started a new section called: modder of the month, where i profile a different person each month.

Is there any way i can make this section exclusive to my site? can i make it so that if other sites try to make their own modder of the month section, it would be considered illegal?

or am i just being a greedy selfish *** by wanting this on my site only?

i would really appreciate any help :D

[edited by: eelixduppy at 9:39 pm (utc) on Feb. 18, 2009]

[Web Footed Newbie]

Welcome to WebmasterWorld, sp0om!

"Modder of the month" is a new term to me, but is it new in your particular field? If so, you could go for a registered trademark in the USA. Check with a patent/trademark attorney - or do it yourself at the US patent and trademark office, uspto.gov.
As far as copyright goes, if you are the first to use that term, in the US it is automatically copyrighted without filing. But to give it teeth if problems arise later, you can file for it as well. Hope that helps,
WFN:)

[Macro]

"Modder of the month" comes up with over 100 results at Google.

[rogerd]

Based on macro's comment, sp0om, you'd be better off trying to come up with a creative, unique name for the feature (e.g., this month's Spoomodder). Stick a TM on it for now, and register it later if you can justify it financially.

The content of the feature itself will be covered by copyright - though perhaps not a strict legal requirement, be sure to put appropriate notices on each page.

All this doesn't mean someone still won't rip off your title and/or your content, but at least you'll have the law on your side if it happens.

[mgream]

You won't obtain copyright protection in "modder of the month" as it is too simple and fails the de minimis test.

You may still be able to obtain a registered trademark, even if other people have been using the expression, it depends upon whether other people have been using the expression in the course of trade for a similar product/service, and your trademark would be confusing.

At a minimum, you could start to use "TM" to make it clear that you consider "modder of the month" to be an unregistered trademark. You should then start to build a reputation for this expression, so that it becomes distinctive and commonly known that "modder of the month" applies to the content in your website. You could register the trademark now, or wait - the risk with waiting is that others can use the term in the mean time.

As always, speak to a trademark attorney for qualified advice.

[Macro]

Contrary to popular belief modding goes back over a decade. I remember 486s being modified in the early 1980s. Modder of the month is something more than one tech site have been doing for years. Some magazines also use that term (online and offline) and have been doing so for a long time. Take rogerd's advice on finding your own term rather than trying to trademark a term that is already in popular use.

[shasan]

You may still be able to obtain a registered trademark,

Yup.

If Mickey Dee's can trademark "Lighter Choices" then you can certainly trademark Modder of the Month.

<added>
Not that it will do you much good, I imagine a trademark would take a lot of money to enforce, even if the violators are within your reach.
</added>

[mgream]

shasan: This is because "Lighter Choices" likely applies to a specific product, and the trademark was filed as applying to goods within that narrow category. If the trademark were filed with a broader scope, it probably would not have been granted.

macro: What you say may be true, but that may not preclude a trademark registration. The test is whether the "sign" is known by a reasonable number of people as being associated with a particular good/service from a particular trader. Even if it has been used "informally" in the past, this may not be sufficient to preclude registration.

This is heading off topic ...

I respectfully submit that none of us are qualified to give advice on trademark issues and if the poster wants to take this route, they should seek qualified legal advice.

[Macro]

I respectfully submit that none of us are qualified to give advice on trademark issues and if the poster wants to take this route, they should seek qualified legal advice

Can't argue with that.