Trademark And Copyright

• Trademark Infringement Attorney
• Trademark Infringement Penalties
• Trademark Infringement Litigation
• Trademark Infringement Defence
• Copyright Infringement Attorney
• Copyright Infringement Penalties
• Copyright Infringement Litigation
• Anti Counterfeiting
• Anti-Counterfeiting Trade Agreement
• Brand Protection

In New York there are a number of differences between trademark and copyright protection, but essentially both types of legislation attempt to protect the rights of those who create, invent or produce an original item or work. All of these types of laws give protection to the owners of certain types of intellectual property.

Although there are particular rights that are automatically granted to individuals once they have created their work, these are not always sufficient to adequately protect their ownership. It is therefore recommended that further legal steps be taken to ensure that intellectual ownership be formally recognised, and to provide a trademark or copyright notice.

In New York, trademark protection pertains to a particular logo or image that is used to represent a brand or product. Once this has been legally established as a recognised trademark it is forbidden for any unauthorised persons to use this logo without permission. Competing companies, or even unrelated groups, cannot make use of this trademark without risking a trademark infringement suit. In order to successfully prove trademark infringement, the owner of the trademark must show that the other party’s logo or brand-name is similar to theirs, and that this could cause confusion amongst customers in the same market or geographical area. They must also show that they are actively making use of their own trademark.

Trademark and copyright protection differ in that trademark protection relates to trademarks and brand names, while copyright protection relates to items such as works of art, writing, poetry, music etc. The issue of copyright can be complex and the services of an experienced lawyer should be retained when dealing with any disputes of this kind. While copyright protection prevents others from reproducing original works, there are a number of technicalities which can affect the results of a copyright suit. For example it must be proved that copyright infringement has occurred, and that the concept of fair use does not apply.