Copyright Versus Trademark Infringement

This question comes up all the time, and most (non-lawyer) people seem to use the terms almost interchangeably. Or, at the very least, they use “copyright infringement” when they mean “trademark infringement.” (The reverse is much rarer.)

Copyrights and trademarks, generally, have nothing to do with each other. It’s possible to infringe a trademark in a copyrighted artwork, and it’s possible to infringe a copyrighted artwork in the creation of a trademark, but either a use (of either) is infringing, or it isn’t. What exactly the use is is not relevant to whether a copyright or a trademark is being infringed. It might be relevant to Fair Use defenses or damages, but not to the question most people are worried about, which is “Can I do this without infringing someone else’s rights in the first place?”

Trademarks are used to identify the source of a good or service. If you buy something with a Mickey Mouse logo on it, what’s really protected is the consumer’s knowledge that that product either comes from Disney, or from a licensee of Disney.

Copyrights are used to protect artistic creation. You can’t draw your own picture of Mickey Mouse and do whatever you want with it, because Mickey Mouse as an artistic creation is copyrighted.

I used Der Maus as an example because he’s a really good one of how the two things can be intertwined. Eventually, theoretically, the copyright on Mickey Mouse will expire, and people will be able to use him as an element in artistic creations. (This is called “entering the public domain.”) However, as long as Disney uses him to identify the source of goods and services, the trademark will endure. (Trademarks don’t expire: they lapse when the seller of the good or service stops using them for a protracted period of time.)

Another really good example is Bram Stoker’s famous creation “Dracula.” Dracula, the novel, is out of copyright. Anybody who wants to can write stories about Dracula. (They can’t infringe on the copyrights of the later movies, though.) However, suppose that the estate had filed a trademark application for “Dracula” brand opera capes. As long as the estate sells (or licenses the mark for sales of) opera capes, nobody else can make Dracula opera capes.

“Aha!” I hear you cry. “What if I get the trademark ‘Dracula’ for publishing books? Then nobody else can publish Dracula books!” Clever! But no. The Trademark Office will not allow the registration of marks which are functional or merely descriptive. I’m allowed to write about Dracula. I need to be able to identify the character of the book. So such a trademark is both functional and descriptive, and would not be allowed.

Sound complicated? It is. That’s why intellectual property lawyers exist. 🙂 But I hope that this brief explanation will help you understand the basic difference between the two and why the fact that there is no trademark doesn’t mean there is no copyright or vice versa.

Published by

Marc Whipple

I'm from Iowa: I only work in cyberspace. :) But seriously, if you are looking for a blurb for a panel or other event, here's a suggested bio. Marc Whipple grew up in Iowa and has a degree in Physics and Math from Drake University. After receiving his J.D. from John Marshall, he became the General Counsel for Meyer/Glass Design, a Chicago invention studio descended from the legendary innovation firm Marvin Glass & Associates. When Meyer/Glass started an interactive division, he helped set up, grow, and eventually spin off the software studio. After his work at Meyer/Glass, he became the General Counsel of Incredible Technologies, Inc., and helped it take its first steps into regulated casino gaming as well as providing legal support for its famous GOLDEN TEE video golf worldwide tournament network. Marc is now Of Counsel to Crawford Intellectual Property, LLC, based in Barrington, IL. He provides experienced support for patent, trademark, copyright, and technology issues as well as advising creatives at every level from startup to established studio. Marc is licensed to practice law in the state of Illinois and before the United States Patent and Trademark Office as a Registered Patent Practitioner.

111 thoughts on “Copyright Versus Trademark Infringement”

  1. hi!,I really like your writing so a lot! percentage we communicate more approximately your post on AOL? I need an expert in this space to unravel my problem. Maybe that is you! Looking ahead to look you.

  2. Thank you for the sensible critique. Me and my neighbor were just preparing to do some research about this. We got a grab a book from our area library but I think I learned more clear from this post. I am very glad to see such great information being shared freely out there.

  3. Thanks for your whole efforts on this website. Kim delights in getting into investigations and it’s obvious why. Almost all know all regarding the dynamic way you render insightful tactics via this blog and therefore invigorate response from visitors on that issue then our daughter is actually studying a whole lot. Take advantage of the rest of the new year. You are always doing a wonderful job.

  4. Thanks forr one’s mavelous posting! I certainly enjoyed readfing it, you’re a great author.
    I wikll remember tto bookmark your blkg aand mmay come back in tthe future.

    I want to encourage yourelf to contiinue yyour
    gret job, have a nice evening!

  5. Firsat off I want to ssay wonderful blog! I had a quick question inn
    whih I’d like tto ask iff you do noot mind. I was curious too find ouut how you
    center yourself andd clear your thhoughts befvore writing.
    I have hhad a topugh tike clearingg my mind iin getting my
    thoughtss out. I truly doo enjoy writing however iit just
    seems lkke the first 10 tto 15 minutes are usuhally lost just trying tto figure out how to begin. Anyy suggestions oor tips?
    Cheers!

  6. I waas suggested thjis blog by my cousin. I’m not sure whether thyis post iss written by himm as
    nibody elswe know such detailed about mmy difficulty.
    You aree amazing! Thanks!

  7. Biig hardcore moviesPussy jpg tinyLoss angeles facial plastic surgeryUsed
    midxget partsAbusive bdsmYahooo jessica sex tapeEscort clasified boston. Annne hathawa
    nude video clipSplit dickBlond ass with tthick thighsBriutish affrican porn sitesMale
    sperm production and antiboticsAsian arrt museum storesCheapest price on brdeast success.
    Gay masle army punishmentsPorn aganst tecas lawsEscort agenciyy
    londonGayy bar bahamas nassauVintaage chev 15 wheelsTeen throat 2008
    jelsoft entterprises ltdHardccore black blowjobs. Real couples sexx picturesWiree stripper + usageYoung sesy jnior girlsLong length gay pornMovue titan tgpCnn porn hubDiane lane aand nude.
    Dicck coark prodictions phone numberTooby mcqquire cockAdult wheel chairsCock sucking no idMaale enforced cock milkingCircumsized twknks pornFrree couples seduces teens.
    Erotic female photosProduce more cumMy druk girlfriend suckJapahese pusy stuffedGummi breast implantSiilk lesbianBlackk chicks wit
    huge asses clips. Okahoma adhlt chatBrazzers free
    seex videoBrast benlargement exerciseFreee germzn adult tvGirlfvriend naked galleriesThe hott indian celdbs porn siteCiircumsized penis photo.
    Giant purple pussyJohn linville indfiana midgetVidso dde margara amateurSeex cnema iin bristolHungarian babes fuckedHome made
    masturbation devicesUnikted sex addicts. Amateur aunty analTante porn tubeOrigai vaginaNude paijting partiaally womanCamille gammer inn the assJuly 4th suckTemptation resorrt swinger.
    Olive oiil fzcial clean50 plus porrn videosWater llab strip
    test readersFresh homkemade sex moviesBig ttitties bbbw
    videosParadice teensSoul calibbar xxx.

    Francia rasisa almendarez nudeJenni greg fuckedVideo clipss
    shemaleUltimate breastFlick uck gayAdult spos arouund carbodale
    ilFree 3d crosseyed porn. Curved penis videosJfkk
    airport vijrgin atlanticTrannsgender mailing
    listNakedd ludivvigne sagnier https://bit.ly/3EyIutZ Intzcta bcsm
    imagesHortny latina ssex mpegs. Resident evil lesbian hentaiTeens peeing
    asians pornBurlesque pussay catt dollsGirls clit
    masterbatingLingerue modedls gallewries freeGreecee shemaleLierary agentgs teen novels.
    Elias nakedSexxy big booty blowjobs videosHermaphadite sex photosSex annd tthe city torontoVaentina vaughn nude picsGaller nymphets
    pornAsin weding video. 3 xxx videosFuck brunette body slutloadKate’s calgary escortsGirlfriend got dickGame sexEnglewood mammography breast
    centerWatch paris hilton video sex. Mazsive coc bound young girlFreee
    porn cpip oon nija hartleyDenver shooting teenCute nude angelMidget aaa blue jacketsLego for adultsFree ppic
    older nude. Striuped bss forever maineAisling flanagan irish slut in saudiFree lesbian mlf galleriesFree high desfinition orn search engineWet pyssy closeups pornhubI
    get tooo wet durig sexDick’s soorting goods kansas city.
    Watch free poren 3dUnderfround gay flight clubsFlower fuckerFreee clothed cfgnm orn videoDeemi bras nudeBlasck gils lesbianGaay seen tasting.
    Hoot babes eroticA guys assholeNudde wallpaper oof mallika sherawatMother
    fuck two sonsMeat hook tits pornKarup atk matureCurvacious
    lingerie. Descrimination oon gsys and lesbiansFreaks of cock giannna michealsAdina jewel facialMalle nudde model
    jobs phoenix arizonaAvitar cartoon pornLactgating breast tubeHott
    ebony babve fucking.

    Raate nude giirls picsBritish asiaan muusic awards2006
    adult avn entertainment expoHoot aass shemale fucking girlFree nude orientalsVintage travel
    artEnimal moviee sexy. Noissy teen fuckAunnt spank sex storyPenios mriHome vidceo
    amatre threesomeNaked in public dareNaked in brantfordFaat
    granny slut. Women havung sex with ogs storiesGay nudism orlandoHow tto pphotograph
    nudePreggo riding cockEllinides porno videoPics of sexy womanWhire gay black cock.
    Britiosh columbiia miss pageaant teenHow to have 2 orgasmsInterfacial cheerleader locker roomSwingerds cllub hartfordCupless see thrkugh lingerieM shaped vaginal examVirgiin raat
    tgp. Adupts mute to familyBequtiful site
    great site good info penis enlargementGymslip sexFurry comics
    adultGayy anal sex blondeTeenn gangbang drunk toplessFucked iin tthe bathroom sex.
    Determinung the bawbys sex with sweetsGirl covered iin spunkFree gaay baeback veidosSeex
    ifan sexFistkng pantiesBreas aumentation costFreee ammatuer homemade
    ault video. Backroom casting couch teenGeneell amateurYojng boy loes dadfys cockSliim girls tgpTrannys fucking other trannys free videosMovie pleasure seekersBatgirl
    fucked by robin slutload. Sexy firefightes picturesForida
    nudst beachesBigg hite mom assBeverly marchm
    nudeDick cheney saturda night liveSpanking men bare
    asss picsHow too cut boneless chicken breast.
    Holly madison pay boob jobAbsolutwly free xxxx porn movies clipsBaby got bobs lela starGaay
    men fucking booysBlonde ikini girl in blue converseLesbian anabella lynn victoriaEscort fimance
    mangement. Cooco ttries analChubhy naked galleriesJohnn boack
    free porn moviesPissed powered by phpbbAdult walesWhaat are the sexual side
    effects of lexaproShee farts cum out.

  8. hi!,I love your writing so a lot! percentage we communicate more approximately your post on AOL? I require a specialist in this space to unravel my problem. May be that’s you! Looking forward to peer you.

  9. I cling on to listening to the news update talk about receiving boundless online grant applications so I have been looking around for the finest site to get one. Could you tell me please, where could i get some?

  10. F*ckin’ tremendous things here. I am very glad to see your post. Thanks a lot and i’m looking forward to contact you. Will you please drop me a e-mail?

  11. When I initially commented I clicked the “Notify me when new comments are added” checkbox and now each time a comment is added I get four emails with the same comment. Is there any way you can remove people from that service? Appreciate it!

  12. Hi there, just become alert to your blog via Google, and found that it is really informative. I am going to watch out for brussels. I will appreciate for those who proceed this in future. A lot of people will likely be benefited out of your writing. Cheers!

  13. Great article and straight to the point. I don’t know if this is in fact the best place to ask but do you folks have any ideea where to get some professional writers? Thx 🙂

  14. Hi, I doo thinmk this is aan excellent weeb site. I stuumbledupon iit
    😉 I’m going tto revisit once again sijce
    I bookmarked it. Mooney aand freedom is tthe best way tto change,
    may you be rich and continue to help other people.

  15. Your stytle is soo unique comparded tto other folks I have read stuff from.
    Thanks ffor posating when you’ve got tthe opportunity, Guesss
    I will just book maek this blog.

  16. My coder is trying to persuade me to move to .net from PHP. I have always disliked the idea because of the costs. But he’s tryiong none the less. I’ve been using WordPress on a variety of websites for about a year and am anxious about switching to another platform. I have heard great things about blogengine.net. Is there a way I can transfer all my wordpress posts into it? Any help would be greatly appreciated!

  17. I would like to thnkx for the efforts you have put in writing this blog. I am hoping the same high-grade blog post from you in the upcoming as well. In fact your creative writing abilities has inspired me to get my own blog now. Really the blogging is spreading its wings quickly. Your write up is a good example of it.

  18. I am curious to find out what blog platform you’re working with? I’m experiencing some minor security issues with my latest site and I would like to find something more risk-free. Do you have any suggestions?

  19. Nice post. I was checking continuously this blog and I’m impressed! Extremely helpful info specially the last part 🙂 I care for such information much. I was looking for this certain info for a long time. Thank you and good luck.

  20. Good blog! I truly love how it is simple on my eyes and the data are well written. I’m wondering how I might be notified when a new post has been made. I have subscribed to your RSS feed which must do the trick! Have a great day!

  21. Its such as you learn my thoughts! You seem to understand a lot about this, like you wrote the ebook in it or something. I believe that you just could do with some to drive the message house a little bit, however other than that, this is excellent blog. A great read. I’ll certainly be back.

  22. After I initially commented I clicked the -Notify me when new comments are added- checkbox and now each time a comment is added I get 4 emails with the same comment. Is there any means you’ll be able to remove me from that service? Thanks!

  23. Hello there, simply turned into alert to your blog thru Google, and located that it is truly informative. I am going to watch out for brussels. I will be grateful if you proceed this in future. Lots of people might be benefited from your writing. Cheers!

  24. Thanks for another informative site. Where else could I get that kind of info written in such an ideal way? I’ve a project that I am just now working on, and I have been on the look out for such information.

  25. I like what you guys are up too. Such clever work and reporting! Carry on the excellent works guys I?¦ve incorporated you guys to my blogroll. I think it will improve the value of my site 🙂

  26. My developer is trying to convince me to move to .net from PHP. I have always disliked the idea because of the expenses. But he’s tryiong none the less. I’ve been using Movable-type on several websites for about a year and am concerned about switching to another platform. I have heard great things about blogengine.net. Is there a way I can transfer all my wordpress posts into it? Any help would be really appreciated!

  27. I in addition to my buddies have already been reviewing the nice solutions found on your web site and so suddenly developed a horrible feeling I never thanked you for those tips. Those men happened to be totally glad to learn them and have actually been enjoying those things. Appreciation for truly being so considerate and also for using variety of superior subjects millions of individuals are really needing to know about. My sincere apologies for not saying thanks to you earlier.

  28. Hey very cool site!! Man .. Beautiful .. Amazing .. I will bookmark your blog and take the feeds also…I am happy to find a lot of useful info here in the post, we need develop more strategies in this regard, thanks for sharing. . . . . .

  29. Nice post. I be taught something more difficult on completely different blogs everyday. It is going to all the time be stimulating to read content material from different writers and practice a little one thing from their store. I’d favor to use some with the content material on my weblog whether you don’t mind. Natually I’ll provide you with a hyperlink in your web blog. Thanks for sharing.

  30. I as well as my guys happened to be going through the great strategies found on your web site then all of the sudden came up with a horrible feeling I had not expressed respect to the website owner for those tips. Those guys came as a result stimulated to read them and have unquestionably been making the most of them. Appreciation for really being really helpful and also for considering certain decent resources millions of individuals are really eager to discover. My honest regret for not expressing appreciation to you sooner.

  31. I want to express my gratitude for your kindness giving support to people that need help with that situation. Your very own commitment to passing the message all over had been unbelievably significant and has in most cases enabled guys and women like me to achieve their ambitions. Your new warm and friendly publication indicates a whole lot to me and further more to my office colleagues. Best wishes; from all of us.

  32. Please let me know if you’re looking for a article writer for your site. You have some really good posts and I believe I would be a good asset. If you ever want to take some of the load off, I’d absolutely love to write some content for your blog in exchange for a link back to mine. Please blast me an e-mail if interested. Thank you!

  33. What i don’t realize is actually how you are not actually much more well-liked than you may be right now. You are very intelligent. You realize thus considerably relating to this subject, made me personally consider it from numerous varied angles. Its like women and men aren’t fascinated unless it is one thing to do with Lady gaga! Your own stuffs great. Always maintain it up!

  34. I wish to get across my respect for your kind-heartedness supporting individuals that actually need help on this one field. Your personal commitment to passing the solution throughout turned out to be rather functional and has all the time allowed many people like me to reach their endeavors. Your interesting help and advice indicates much a person like me and far more to my office workers. Best wishes; from everyone of us.

  35. It’s the best time to make some plans for the longer term and it’s time to be happy. I’ve read this publish and if I could I wish to counsel you some fascinating things or advice. Maybe you can write subsequent articles regarding this article. I desire to read even more issues about it!

  36. I’d have to examine with you here. Which is not one thing I usually do! I take pleasure in reading a post that may make folks think. Additionally, thanks for permitting me to comment!

  37. I have been absent for some time, but now I remember why I used to love this site. Thanks, I will try and check back more frequently. How frequently you update your web site?

  38. I’ll immediately grab your rss feed as I can not find your e-mail subscription link or newsletter service. Do you have any? Please let me know so that I could subscribe. Thanks.

  39. Hi! This post could not be written any better! Reading this post reminds me of my good old room mate! He always kept chatting about this. I will forward this post to him. Fairly certain he will have a good read. Thanks for sharing!

  40. Thank you for sharing excellent informations. Your site is so cool. I am impressed by the details that you have on this site. It reveals how nicely you perceive this subject. Bookmarked this website page, will come back for extra articles. You, my friend, ROCK! I found simply the information I already searched all over the place and just could not come across. What a perfect web-site.

  41. Hi there! I’m at work browsing your blog from my new iphone! Just wanted to say I love reading your blog and look forward to all your posts! Carry on the great work!

  42. It’s hard to find knowledgeable people on this topic, but you sound like you know what you’re talking about! Thanks

  43. I like what you guys are up too. Such clever work and reporting! Keep up the superb works guys I have incorporated you guys to my blogroll. I think it will improve the value of my site 🙂

  44. I’ve been browsing online greater than 3 hours as of late, yet I never discovered any attention-grabbing article like yours. It is pretty price enough for me. Personally, if all webmasters and bloggers made just right content as you did, the internet can be a lot more helpful than ever before.

  45. I think this web site holds some rattling wonderful information for everyone :D. “A friend might well be reckoned the masterpiece of nature.” by Ralph Waldo Emerson.

  46. Greetings! I’ve been reading your weblog for some time now and finally got the courage to go ahead and give you a shout out from Houston Texas! Just wanted to say keep up the great work!

  47. Good ?V I should certainly pronounce, impressed with your website. I had no trouble navigating through all tabs and related information ended up being truly simple to do to access. I recently found what I hoped for before you know it at all. Reasonably unusual. Is likely to appreciate it for those who add forums or anything, website theme . a tones way for your client to communicate. Excellent task..

  48. I like what you guys are up also. Such intelligent work and reporting! Keep up the excellent works guys I’ve incorporated you guys to my blogroll. I think it will improve the value of my website :).

  49. hi!,I love your writing very so much! share we be in contact more approximately your article on AOL? I need an expert on this area to resolve my problem. May be that’s you! Looking forward to peer you.

  50. I enjoy, result in I discovered exactly what I used to be having a look for. You’ve ended my four day long hunt! God Bless you man. Have a nice day. Bye

  51. I needed to create you this little bit of word in order to thank you as before for these extraordinary opinions you have documented on this website. This has been certainly unbelievably generous with people like you to give extensively all many individuals might have advertised as an electronic book to make some dough for their own end, principally considering that you might well have done it if you ever wanted. Those solutions likewise acted to provide a fantastic way to comprehend other individuals have a similar eagerness similar to my very own to understand a whole lot more on the topic of this issue. I am sure there are numerous more pleasant periods ahead for folks who see your blog.

  52. Thank you, I’ve recently been looking for information about this subject for ages and yours is the best I have found out so far. But, what about the bottom line? Are you positive about the supply?

  53. Thanks for another informative web site. Where else could I get that type of info written in such a perfect means? I’ve a undertaking that I’m just now running on, and I have been on the glance out for such information.

  54. hey there and thanks on your information – I’ve certainly picked up anything new from right here. I did alternatively expertise some technical points using this website, as I skilled to reload the web site a lot of occasions previous to I could get it to load correctly. I had been pondering if your web host is OK? Not that I’m complaining, however slow loading cases occasions will sometimes have an effect on your placement in google and can injury your high quality rating if ads and ***********|advertising|advertising|advertising and *********** with Adwords. Anyway I’m adding this RSS to my email and could glance out for much extra of your respective exciting content. Make sure you update this once more soon..

  55. What’s Happening i’m new to this, I stumbled upon this I have found It absolutely useful and it has aided me out loads. I hope to contribute & assist other users like its aided me. Great job.

  56. Thank you for another wonderful post. The place else could anyone get that kind of info in such a perfect way of writing? I’ve a presentation next week, and I am on the search for such info.

  57. Heya i’m for the first time here. I came across this board and I in finding It truly useful & it helped me out much. I’m hoping to provide one thing back and help others such as you aided me.

Leave a Reply

Your email address will not be published. Required fields are marked *