Re: copywrites vs trademarks
Posted by D. Alexander Floum, floum@schinner.com, on 5/01/02
Dennis,
Copyright and trademark are different doctrines. Copyright
protects expression of ideas, whereas trademark protects
against confusion as to the source of the goods or services.
Several factors would need to be analyzed in your situation
to see if your use of the characters would constitute
copyright infringement, such as the prominence of the
characters in the copyrighted book.
I am an intellectual property attorney and law school
professor. You can see my bio at
http://www.schinner.com/html/the_schinner_law_group_-
_d__al.html
On 3/30/02, Dennis wrote:
> If a copywrite for a book is filed first, then someone else
> gets a trademark for the same characters to make books,
> toys and other goods, is that legal or can the be sued? I
> need to know as soon as possible. Thank you
Posts on this thread, including this one
- copywrites vs trademarks, 3/30/02, by Dennis .
- Re: copywrites vs trademarks, 5/01/02, by D. Alexander Floum.
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