What happens if I use a trademarked name?
If you use someone’s trademark without first obtaining express consent or without a legal right to do so pursuant to the fair use doctrine, the trademark owner can sue you for trademark infringement. Trademark infringement damages may include monetary compensation based on loss of profits and economic harm.
What happens if you use a trademarked name without permission?
United States law allows the holders of federally registered trademarks to sue others who use those marks without permission, when the use in question causes a “likelihood of confusion” to actual or potential customers.
Can you copyright something that is trademarked?
Intellectual property that can be trademarked cannot be copyrighted. Intellectual property that can be copyrighted cannot be trademarked. For example, a company can trademark its name and logo and copyright its videos and books. There are a few exceptions that can be protected by both a trademark and a copyright.
Can logos be used without permission?
A person or company should never use a trademark or logo without written permission from its owner. To get permission and avoid trademark infringement, write a letter to the trademark owner. … However, even then, third parties cannot use logos as part of their marketing campaigns without a specific agreement.
Can you sue if someone uses your trademark?
A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.
Can I sue someone for using my company logo?
Any time your company uses a logo to identify its products or services, you establish common-law trademark rights. Common-law trademark rights may allow you to sue a competitor to prevent it from using your logo, particularly if it is in a way that attempts to portray itself as your company to consumers.
Can I trademark a name already in use but not trademarked?
If you’re wondering, “can you trademark something that already exists,” the simple answer is “no.” Generally speaking, if somebody has used a trademark before you, you can’t register the trademark for yourself.
Is Apple trademarked or copyrighted?
What Are Trademarks? … The Apple trademark is a good example: While an apple cannot be copyrighted, its artistic representation can be—its use as a symbol for an electronics and software company is protected as a trademark.
Is it better to copyright or trademark a logo?
At the most basic level, a trademark protects logos and slogans while a copyright protects creative intellectual design. However, the copyright doesn’t protect short phrases often found in a logo; that is protected by the trademark. This naturally begs the question why a company might need both in a logo design.
Is it better to trademark or copyright a name?
Trademarks offer far more protection than copyrights, but copyrights are extremely important for the protection of logos. Read on to explore in detail the difference between the two, so that you can better understand their importance and the impact they can have on your company.
Is it illegal to copy a logo?
The simple answer: Logos are not copyrighted, they are actually trademarked. Whether or not legal action is taken for replicating a trademarked logo is fully up to the company or entity that owns the trademark. A company still has legal rights to their logo even if it’s not trademarked.
How much do I have to change a logo to avoid copyright?
According to internet lore, if you change 30% of a copyrighted work, it is no longer infringement and you can use it however you want.
Can you get sued for similar logo?
One of the most common forms of infringement occurs when a company attempts to use a logo that looks similar or uses similar language as another copyrighted logo. If the competing logo creates confusion, then its owner could face legal action for infringement.