Copyrights are not Trademarks

My clients often confuse copyrights and trademarks. They are not the same and are governed by different law.

Trademarks are words, logos, designs, or even sounds that let the consumer know the source of goods or services. Apple, Exxon, Pepsi, and the Cracker Barrel logo are all examples. Copyrights arise when an “author” expresses an idea creatively. Songs, novels, sculptures, and paintings are examples.

But, can you have both at the same time? You betcha! If your crackerjack design team creates a unique logo, voila! The logo itself is an expressive creation and is protected under copyright law. It also is a trademark that lets the public know you are the true source of the goods or services.

Why is this important? Infringers often hijack trademarks that include copyrighted logos. If you have a registered copyright for the logo, you have a second option under copyright law to stop the infringement. You send a “takedown notice” to the internet service provider which triggers a series of obligations that should remove the infringing content.

So, ask your neighborhood trademark lawyer about copyrights at your next cocktail party. You will not regret it.