Copyrights and Trademarks

According to Legal Zoom.com, the definitions of each are as follows:

A Trademark protects names, terms or symbols that are used to identify the products of a certain manufacturer or company. This includes brand names such as "Coca-Cola" and images such as Nike's famous "swoosh." As a trademark owner, you can sue for trademark infringement in federal court and prevent others from importing foreign goods that display your trademark.

A Copyright protects original creative works such as books, movies, songs, paintings, photographs, websites and choreography. As a copyright owner, you can control how your work is reproduced, distributed and presented publicly.

To copyright something, a book, a paper, a website, etc., one only has to declare their work as copyrighted. The most common way to do this is to simply place a copyright symbol (©) on their work. This can be followed by a statement(s) which clarifies, or specifies what is being copyrighted, e.g.: “copyright XYZ Company all rights reserved. No part of this website that is protected by copyright may be used, copied, or reproduced without permission of XYZ Company. ” One may also submit their copyright to the U.S. Patent and Trademark office, but it is not necessary.

A Trademark requires more action. One must register file with the U.S. Patent and Trademark office at the federal level. This can prove to be a lengthy process. After an application is submitted, it goes under review. Is this mark generic, or already being used, or is it likely to cause confusion with other marks? One’s mark must be an original. For example, Coca Cola has their font and logo they use on all their products. This mark is recognizable by the general public as belonging to only Coca Cola, and no other company. Same with the Nike “swoosh.” These marks are not confused with any other marks. They are original to their respective companies, and permission for their use belongs solely with them. Once a trademark is established and registered, then the trademark symbol (®) is used wherever their logo, company name, etc. is used.

Just because one has declared a copyright, or registered a trademark, this does not prevent someone from using one’s material. It is, however, illegal for them to do so. The owners of said copyrights and/or trademarks are solely responsible for their safety. Larger corporations have designated departments whose sole purpose is to safeguard, and enforce legal action against those who infringe upon their rights. For the “little guy”, it is their responsibility. One can find assistance to enforce legal action against violators by contacting the appropriate legal professional. In cases involving E-Commerce and the web, ICANN.org is a great resource.