Copyright Trademark Law
Get legal proof that you own your work and your brand? Our skilled attorneys can help you get your work protected with a copyright and/or trademark registration. Once your work is protected, we can also help you pursue legal action from injunctions to criminal proceedings.
A trademark includes any word, name, symbol, or device used in commerce to identify and distinguish the goods of one manufacturer or seller from others. In short, a trademark is a brand name. Federal registration has several advantages, including notice to the public of the registrant’s claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.
Copyright is itself an automatic international right, governed by international conventions. This means that copyright exists whether a work is registered or not. However, to have a legal claim to your work, you need a copyright registration. This places on record a verifiable account of the date and content of the work in question. In the event of a legal claim, or case of infringement or plagiarism, the copyright owner can produce a copy of the work from an official government source, allowing legal action.
The US Copyright Office says, “As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.” Copyright holders cannot claim statutory damages or attorney’s fees unless the work was registered prior to infringement, or within three months of publication.
Contact Kevin Buchanan & Associates, P.L.L.C.
For all of your copyright and trademark needs, trust our years of experience with copyright and trademark law. Contact us online or call us today at (214) 378-9500 to discuss your situation. We’re here to help!