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Difference between copyright and trademark infringement?
Anonymous2 views1 answers
Can you please explain the difference between copyright infringement and trademark infringement? I work for a very large corporation and people use out logo without permission al the time. Depending on how egregious the usage is, and whether the offender is making money off of the sale of products that use our logo we sometimes send C & D letters. I am just not sure what laws apply to the use of the logo, the trade name ect. My guess is that most offenses are both copyright and trademark infringement but I am not sure. Thanks.
The information that you're seeking is available from the US Copyright Office, which publishes a circular that explains the fundamentals of copyright law, and from the US Patent and Trademark Office, which publishes a website that explains trademark law. See, and . I suggest that you spend some time reading these materials.
In short, a trademark is a word, phrase, symbol, or device that is used to indicate the source of a product or service. Examples, are the word NIKE, the phrase WE TRY HARDER, the Proctor and Gamble shooting stars symbol, and the NBC chimes sound. All are used to identify for consumers the particular manufacturer or source of the product or service on which the trademark is affixed.
A copyright is a bundle of various rights that attaches to "works of authorship" such as books, movies, sound recordings, photographs, paintings, maps, newspaper articles, sculptures, architectural drawings, jewelry designs, etc. Copyright protection can attach to some of the things that are also used as trademarks -- the Proctor and Gamble shooting stars symbol, for example, is a copyrightable graphic design as well as a trademark (because the symbol is used to inform consumers that the product on which the symbol is affixed is sold by Proctor & Gamble).
It's not very common for one course of conduct to constitute both trademark infringement and copyright infringement. They do sometimes overlap though, especially in intentional cases of counterfeiting.