Protecting and Enforcing Copyrights & Trademarks
Copyright Protection and Enforcement:
Copyright protection includes controlling how one's original works are used by others, such as through a license agreement. Copyright enforcement or prosecution typically refers to taking legal action against a person or business for copyright infringement, such as the use of an original work without authorization from the copyright owner or exceeding the terms of a license. An attorney that is experienced in copyright law can help you protect and enforce your copyrights.
Copyright protection and enforcement are a constant challenge for copyright holders, including artists, authors, and other content creators, especially when marketing or showcasing original works on the Internet. Copyright holders, like many businesses, regularly use the Internet to conduct business; however, protecting original works marketed or licensed on the Internet is challenging due to technology available to other Internet users to simply copy, alter, or distribute those works for free. Copyright holders should therefore be proactive in protecting their copyrights by taking steps early in order to achieve maximum protection under the law against copyright infringement.
Registering one's copyrights early with the U.S. Copyright Office is particularly important for copyright holders to consider for both the purposes of copyright protection and copyright enforcement. A substantial benefit of early registration of a copyright is that a copyright holder may be able to recover statutory damages as well as attorney's fees for copyright infringement that occurs after the date the copyright was registered. More information on the U.S. Copyright Office and on copyright registration can be found at www.copyright.gov.
Conveying copyright management information with an original work can also serve to protect the copyright in that work as it provides notice of the copyright to others. Types of copyright management information include the author's name, title of the work, or terms and conditions for use of the work. Furthermore, when enforcing a copyright, monetary damages may be recovered in cases where copyright management information has been removed or altered, and damages may be increased if the infringer ignored copyright management information.
An attorney experienced in copyright law and litigation can advise you on the best approaches to protecting your copyrights and assist you in carrying out those approaches. Are you or your business in need of an attorney to help you enforce or protect your copyrights or other intellectual property? For more information, visit Dane K. Anderson's attorney profile or contact the firm.
Trademark Protection and Enforcement:
Trademark protection includes registering trademarks locally with a state, federally with the United States Patent And Trademark Office or internationally. Trademark enforcement or prosecution typically refers to taking legal action against a person or business for trademark infringement, such as the use of another's trademark without permission on other goods or with other services causing consumer confusion as to the source of the goods or services.
Trademarks can be words, symbols, or phrases that are used in commerce to identify and distinguish the goods or services of a business from that of other businesses. Brands, logos, or slogans used on goods or in services are examples of trademarks. The ability to protect a trademark depends on many factors, including the strength of the mark, how the mark is used, and whether it is likely to conflict with existing marks. Thus, selecting a trademark for use on a particular good or in a particular service involves a number of legal considerations.
Registering your trademark with the United States Patent And Trademark Office provides many benefits when it comes to protecting and enforcing your trademark, including providing notice to others of ownership of the mark, a legal presumption of ownership across the United States, and the exclusive right to use the mark in the goods and services covered in your registration with the United States Patent And Trademark Office. However, not all marks can be registered and applicants should consult with an attorney experienced in trademark law to avoid problems with using and registering trademarks.
An attorney that is experienced in trademark law can help you protect and enforce your trademarks. Are you or your business in need of an attorney to help you enforce or protect your trademarks or other intellectual property? For more information, visit Dane K. Anderson's attorney profile or contact the firm.
Dane K. Anderson is a lawyer in Honolulu, Hawaii, who concentrates his practice on copyright, trademark, and other intellectual property legal matters. Dane represents individuals and businesses, content creators, artists, authors, photographers, publishers, and stock photo agencies in copyright infringement litigation. Dane assists clients in trademark applications before the United States Patent And Trademark Office. Dane also assists clients with other intellectual property law issues.
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