In the U.S., you obtain copyright when you “fix” your expression of an original idea — e.g., save the file, type the novel, paint the portrait. You can (and often should) register your work with the Copyright Office (good overview, FAQ, etc. there); registration can give you extra remedy in the event of infringement.

You can’t copyright “titles, names, short phrases, and slogans” (hence the trademark or the patent route), nor ideas, nor facts.

Some other lapsed trademarks: cellophane, escalator, linoleum, trampoline, zipper. Trademark protection explains why companies owning them are so persnickety about saying things like “Scotch brand cellophane tape.”

Oh and ASA=acetylsalicylic acid

It took them a few years to catch up with me, but if I were you, I’d avoid the hassle by finding another clever name. this means,a s bloggers, educators, we ought to avoid any use of pop culture or commercial phrases and Speak Only In Plan Bland Language That is PC Everywhere.

Maybe Reading Prize Bazaar? Reading Prize Surprise? Reading Prize for Sharp Eyes?

And of course, some company out there might have a patent pending on the concept of “reading” !

Thanks Greg. I’ll think more closely before reaching for a cute phrase metaphor.

You’re confusing copyright and trademarks (or maybe Publisher’s Clearinghouse is; I don’t know).

Copyright covers “original works of authorship.” It doesn’t cover things like names, phrases, or slogans. Publisher’s Clearinghouse can’t own a copyright over “Prize Patrol,” but they can own a trademark on that phrase. Names, phrases, slogans, or images used to identify a product or company (or service) are protected by a trademark (or servicemark).

Trademarks and copyrights differ in other ways. Copyrights are assigned automatically upon creation of the work and does not require registration. The threshold for attaining a trademark is much higher. More pertinent to your situation: copyrights do not have to be enforced to maintain their legitimacy, but trademark owners are required to actively protect their marks or the owner can lose the trademark. Hence Publisher Clearinghouse’s cease and desist for every instance of “Prize Patrol” they can find.

What happens if they lose the trademark? Well, for example, “aspirin” used to be a trademark of the Bayer Co., but they didn’t enforce it and lost the right to it. Now there are all sorts of aspirin. (Interestingly, outside the US they maintained their trademark, so in other countries you can only buy “Aspirin” from Bayer! All other forms are referred to as ASA, an abbreviation for the active ingredient, I think.) Other companies are fighting ongoing battles to maintain control over trademarks that are quickly slipping out of their control and become generic terms, e.g. Kleenex, Xerox, Jello, Band-Aid, Rollerblade, etc.