copyright
Copyright implications for developing/marketing a 3rd party accessory?
<p>If Chinese company ABC has an established brand for their product, "The Widget", and American company XYZ makes an add-on or modification for that product and sells said add-on as "The Widget Improver", with or without reference to ABC, is there copyright implications?</p>

<p>I felt XYZ was enhancing and benefiting ABC, but someone today suggested I may have a problem as the name insinuates "The Widget" is inferior as-is, and also copyright infringement since "The Widget" is in XYZ's product name and, specifically, because XYZ's product specifically functions due to the "The Widget" being in the marketplace.</p>

<p>I could use specific names and examples but I wasn't sure what is expected on this site.</p>

<p>I found <a href="http://www.entrepreneur.com/answer/221456" rel="nofollow">this article</a>, which sort of addresses my question and suggests that a license agreement is necessary.  But is it really necessary, or only necessary from ABC's (and that author's) point of view?</p>

<p>You generally can't protect a product name by copyright in the US (which is the jurisdiction that matters for the American company, assuming they're selling their product in the US). See <a href="http://copyright.gov/circs/circ34.pdf" rel="nofollow">Copyright Protection
Not Available for Names,
Titles, or Short Phrases</a> (by the United States Copyright Office):</p>

<blockquote>
  <p>Copyright law does not protect names, titles, or short phrases or expressions. Even
  if a name, title, or short phrase is novel or distinctive or lends itself to a play on
  words, it cannot be protected by copyright</p>
</blockquote>
