Company and Yoyo Name Intellectual Property Rights

General Yo-Yo
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Are yoyo company names and their yoyo names typically protected by copyright/trademark in the U.S.? I know certain design aspects have been patented, but that’s not what I’m discussing here.

One example I know of is when Duncan brought up copyright when YYJ named a yoyo the Dragonfly. From what I understand, they simply felt the name was too close to Butterfly, and they didn’t even have a yoyo with that name at the time. On the other hand, several yoyos have the same name (e.g. Hydrangea and Freshly Dirty both have a Dahlia). I found a comment from YYF Ben suggesting they do practice this with some of their design names.

That said, I don’t see TMs, ©, or ® after many (if any) model names. Aside from large companies, is it more of a common courtesy to do your research and not use a taken name?

As for companies, I assume most are LLCs, and I plan on reading the RCS guide soon, but any details on this would be appreciated as well. Avoiding an A-RT and ART situation would be good.

Thanks in advance.

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Outside of larger companies, most just do not have the financial means to trademark names. And even if they did, they often do not have the financial means to seek out a lawsuit if a company decides to infringe on it.

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I was told at the time by Dave Bruner that Duncan held a trademark on the name.

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I mean Duncan is owned by a corporation so I imagine they do trademark their stuff fully.

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