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Author Topic: Why copyright and trademark a logo?  (Read 990 times)

Spendler Tomgood

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Why copyright and trademark a logo?
« on: 01-27-06 at 07:15 pm »

If copyright protection automatically attaches when the work is fixed, what are the benefits of trademarking a creative design logo as opposed to relying on copyright protection for the logo (which is being used as a source identifier)?

(The logo is a original work of art, a drawing)

Thanks for the help.

Spendler
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Isaac

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Re: Why copyright and trademark a logo?
« Reply #1 on: 01-27-06 at 07:47 pm »

As an example of why copyright alone is inadequate to protect a logo, let's suppose that you create a logo including a bear catching fish and use it to advertise salmon.

Your copyright would prevent me from printing up labels with your logo on it to advertise my own salmon, but it would not prevent me from hunting done a picture of a bear pretty similar to the one you use, or at least evocative of your logo and labeling my salmon with that.

As another example, if I were to use a picture of the Mona Lisa as a component of my logo, it would ube impossible for me to copyright that component leaving my logo inadequately protected.

The point of trademark law is to protect good will you've developed in your products and services.  Copyright protection is not the right tool for that job.

Copyrights expire, but trademarks can potentially last forever.  
« Last Edit: 01-28-06 at 05:48 am by clarklawyer »
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Isaac

Spendler

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Re: Why copyright and trademark a logo?
« Reply #2 on: 01-28-06 at 10:58 am »

Thanks!  That was very helpful.

-Spendler
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