How to determine if a company name is protected by copyright.

What is Trademark Law?

Trademark law is a legal protection granted to business owners who want to ensure that their name or brand is not copied or misused by others. A trademark can be a word, phrase, symbol, or design that identifies and distinguishes the products or services of one business from those of another.

Trademarks are typically registered with the United States Patent and Trademark Office (USPTO). However, a business can also protect its name through common law trademark rights if it has been in continuous use for at least five years and has gained secondary meaning in the marketplace.

To determine if a company name is protected by copyright, you need to understand the difference between trademarks and copyrights. Trademarks are primarily used to protect business names or logos, while copyrights are used to protect original works such as literature, music, and artwork. Copyright ownership is typically determined based on the creator of the work, while trademark ownership is determined by the person or business that has registered it with the USPTO.

How to Protect Your Company Name from Infringement

1. Register your trademark: The first step in protecting your name is to register it with the USPTO. This will provide you with legal evidence of ownership and prevent others from using your name without permission. You can use the USPTO’s online Trademark Electronic System (TEAS) to apply for a trademark.
2. Monitor your name: It’s essential to monitor your name regularly to ensure that it is not being used by others without permission. This can be done through web searches, social media monitoring tools, and industry reports. If you discover any infringement, you should immediately take action to protect your name.
3. Send cease and desist letters: If someone is using your name without permission, you can send a cease and desist letter demanding that they stop using it immediately. This letter should include evidence of your trademark ownership and a demand for compensation if the infringement continues.
4. Seek legal action: If cease and desist letters are not effective, you may need to seek legal action to protect your name. This can be done through litigation or arbitration. However, it’s important to note that legal action can be expensive and time-consuming.

Common Misconceptions about Copyright Ownership

There are many common misconceptions about copyright ownership. Here are a few to keep in mind:

• You don’t need to register your work to own it: This is not true. In fact, copyright law automatically grants you exclusive rights to use and distribute your work for a limited time. However, registering your work with the United States Copyright Office (USCO) can provide additional legal protections and make it easier to enforce your rights in court.
• You own the copyright on someone else’s work: If you use someone else’s work without permission, you do not own the copyright on that work. The copyright owner has exclusive rights to use and distribute their work for a limited time. However, if you create a new work based on someone else’s work (e.g., by adding music to a film), you may be able to claim a portion of the copyright in your new work through “fair use” or other legal doctrines.
• You can use images from the internet without permission: This is not true. Even if an image is available on the internet, it does not mean that you have the right to use it without permission. The owner of the image may have exclusive rights to use and distribute it for a limited time.

Real-Life Examples of Businesses Protecting Their Names

There are many examples of businesses that have successfully protected their names from infringement. Here are a few:

1. Apple Inc. v. Samsung Electronics Co., Ltd.: In this landmark case, Apple sued Samsung for patent infringement and trademark violation. The court ruled in favor of Apple, ordering Samsung to stop using certain design elements in its smartphones and tablets that were similar to Apple’s products.
2. Coca-Cola Company v. PepsiCo, Inc.: In this long-standing case, Coca-Cola sued Pepsi for trademark infringement and false endorsement. The court ruled in favor of Coca-Cola, ordering Pepsi to stop using certain design elements and slogans that were similar to Coca-Cola’s products.
3. Louis Vuitton S.A. v. Yves Saint Laurent S.A.: In this high-profile case, Louis Vuitton sued Yves Saint Laurent for trademark infringement and dilution. The court ruled in favor of Louis Vuitton, ordering Yves Saint Laurent to stop using certain design elements and slogans that were similar to Louis Vuitton’s products.

Summary

Protecting your company name from infringement is essential for building a strong brand and avoiding potential legal disputes. Understanding how to determine if a company name is protected by copyright is the first step in protecting your name. By registering your trademark, monitoring your name regularly, sending cease and desist letters, and seeking legal action when necessary, you can protect your name from being used by others without permission.