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Other >> Copyright Forum >> Copyright in older unregistered work
(Message started by: MattB on Dec 17th, 2007, 10:40am)

Title: Copyright in older unregistered work
Post by MattB on Dec 17th, 2007, 10:40am
Hello,

If we have a trademark that was created in 1990 and in use and registered as a trademark,

Recently, someone copied parts of our trademark for their own use in another industry.

In addition to action under trademark dilution, etc. Do we have a cause of action in copyright law?
Can we register the design for copyright today and seek at least an injunction and/or actual damages?


We have not ever registered the expressive design as a copyright, yet, and are trying to decide if we should.  



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