Copyright vs trademark; which form over protection do you need for your business, product or project?
What is copyright infringement?
Copyright infringement is the unauthorized use of copyrighted material. It can include using someone else's work without permission, using more than is allowed under copyright law, or modifying the work that violates the copyright holder's rights.
Copyright infringement can lead to civil and criminal penalties, including damages and fines. In some cases, copyright infringement can also result in jail time.
Copyright holders have the right to take legal action to stop infringing activity and to recover damages from infringers. Copyright infringement is serious and can have severe consequences for those who engage in it.
What is trademark infringement?
Trademark infringement occurs when a person uses a trademark without permission from the owner in a way that is likely to confuse. For example, if someone started selling shirts with a similar design to the Nike swoosh, this would be a trademark infringement.
Trademark law protects consumers from being confused or misled and prevents businesses from unfairly benefiting from the goodwill another company has built up.
If you believe someone infringes on your trademark, you can contact an attorney specializing in intellectual property law.
The differences
Copyright and trademark law both aim to protect the creations of individuals and businesses, but they differ in crucial ways.
Copyright law protects original works of authorship, such as books, music, and art. Trademark law, on the other hand, protects words, phrases, symbols, or designs that identify the source of a product or service.
Copyright protection lasts for the author's life plus 70 years, while trademark protection can last indefinitely if the mark is used continuously. Regarding enforcement, copyright holders can sue for damages and injunctions against copyright infringement, while trademark holders can only sue for damages.
Copyright registration is not required for copyright protection to exist, but federal trademark registration is necessary to enforce a trademark. Understanding these key differences can help you choose the best way to protect your intellectual property.
Core of Copyrighting and Trademarking
Copyright and trademark law are both important ways to protect the intellectual property of individuals and businesses. Copyright law protects original works of authorship, such as books, music, and art.
In contrast, trademark law protects words, phrases, symbols, or designs that identify the source of a product or service. Understanding the critical differences between these two types of protection can help you choose the best way to protect your creations.
Branding Design Pro | Design Studio
Branding Design Pro is a branding and logo design studio; it's only worth mentioning if you are in the early stages of your business plan to launch. We offer a free brand design consultation. For more information, you can visit the home page or the brand design portfolio to view examples of our work. If you need a 3D product render or design, you can also schedule a meeting to discuss your vision and inquire for a quote specific to the project.
