There is often confusion around the differences between trademarks and copyright, but they are in fact two different legal concepts that protect different property. Protecting your intellectual property is important, no matter what industry you are in. When someone violates your rights, takes your property, or participates in copyright infringement on your intellectual property, they may face different penalties depending on whether you have established a trademark or a copyright.
Working with business lawyers when it comes to intellectual property and trademarks will save your business from irreversible damage. WW Partners knows the ins and outs of trademark and copyright infringement, so this blog will provide insight into how the two protections differ and how infringement is handled.
What Is Copyright?
Copyright is a legal protection granted to the original creators of a tangible work, like music, photographs, film, and software. When it comes to copyright protection, the creator will have exclusive rights to reproduce and distribute the work for financial gain. When you have copyright protection, you can perform or reprint your works for financial gain without consequence. If someone reproduces your work or tries to profit from your original idea, you can seek legal action.
What Is A Trademark?
A distinctive sign or symbol that companies attach to their product or services will help them to be easily identified. Trademarks are often attached to logos, brand names, and other unique identifiers, like a character. Trademarks help to save a brand’s reputation and prevent confusion over the quality or type of product for consumers. When someone steals your trademark or tries to replicate your project, people will know that it is not the original because of the missing brand colors, font, or characters. Competitors won’t be able to steal your customers when you have a trademark in place.
Examples Of Infringement
Before you can take legal action, if you believe that your work or creation has been infringed on, it is important to look at examples of both types. Common examples of copyright infringement include:
- Downloading music without paying
- Pirating movies
- Selling copyrighted artwork
- Plagiarizing articles, books, or blogs
- Posting stolen images on your social media
- Sampling part of a song or musical without proper licensing
- Making and distributing copies of TV programs or radio
Popular examples of trademark infringement include:
- Confusingly similar names
- Copying a logo or using a similar pattern in your logo
- Use the prefix of a trademark (Mc for items from McDonald’s)
- Mimicking a brand’s well-known name or product
Are Infrigements Addressed Through Lawsuits?
The first step if you suspect you have experienced infringement is to send a cease and desist letter to the infringing party. This often saves you the money and time that comes from seeking a legal case, and gives the infringer the ability to stop their illegal activity calmly and quietly. However, if an infringing party pushes back or the resale has spread far and wide, you may need to seek litigation.
Proof Of Infringement
If you want to take a competing company to court for stealing your work or creating something too similar to your idea, you will need proof. Not only will you need proof of the infringement, but you will also have to provide documentation that shows you own the trademark or have copyright privileges of the original piece. Before taking your case to court, proof of the infringement, proof of copying and distribution, or proof of the likelihood of consumer confusion should be gathered.
Trademark And Copyright Help From WW Partners
WW Partners can help you deal with copyright and trademark infringement that comes from selling your products or services. Our team can help you navigate the litigation process and help you understand the legal jargon that comes with it. Our legal experts will prevent damage to your reputation and loss of revenue by providing dedicated support through every step of the process.
WW Partners serves the community of Salt Lake City to help protect their businesses and intellectual property. If you need to register a trademark or are dealing with stolen copyright, we have the industry knowledge to help you get a successful result from your legal case. Fill out our contact form to get started.