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How Not To Become The Victim Of Copyright Or Trademark Infringement

By Josh e

What is Intellectual Property

Intellectual property includes works, processes, symbols and designs that were created or are owned by a company. This can include logos, slogans, written documents or artistic works. To enforce the ownership and right to use intellectual property, the business owner must register it at the United States Patent and Trademark Office or the United States Copyright Office, depending on the type of property a business wants to protect.

The Difference Between Copyright and Trademark

Both Copyrights and Trademarks offer intellectual property protection however, each protects different types of assets. Copyright is geared toward literary and artistic works, such as books, music and videos. A business, for example, can copyright its books, reports, audio or video materials. Although work is automatically copyrighted at the time of creation, registration is required only if that business wants to sue over the use of the material by another party.

Trademarks, on the other hand, protect “words, names, symbols, sounds or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods.” Businesses typically register trademarks for its name, slogans, logos and other items that help define a company brand.

What is Copyright and Trademark Infringement

Copyright Infringement

According to the United States Copyright Office “copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.” In other words, copyright infringement is the use or production of copyright-protected material without permission by the holder of the Copyright.

Trademark Infringement

Trademarks and trade names are used by every business to distinguish their goods and services from the goods and services of competitors in the marketplace. Trademark Infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services. When a plaintiff brings a trademark infringement claim in court, they must prove that: (1) it owns a valid mark; (2) it has priority (meaning that its rights in the mark are “senior” to the defendant’s); and (3) defendant’s mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or services offered under the parties’ marks.

Why Copyright Published & Unpublished Content and Work (both Print and Online)

Every year, millions of people across the United States create original works such as

Source: https://entertainmentlawyermiami.com/how-not-to-become-the-victim-of-copyright-or-trademark-infringement/

  

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