Copy trademark in the Usage Agreement

Aug 6th, 2022
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How to copy trademark in the Usage Agreement

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hey welcome todays video Im Rick chapel with dmca agent service comm so today were taking a look at copyright vs. trademark vs. patent this is an area where there could be some confusion so hopefully stepping back and looking at these three main categories of intellectual property will help you understand each one so start with copyright copyright is the right to exploit a work of authorship original authorship actually and so lets just look at the classic example the Harry Potter books so JK Rowling decides to write another Harry Potter book when she finishes shes automatically granted whats known as common law copyright now this form of copyright is pretty weak so shes actually one ago gonna want to go ahead and register with Copyright Office to get a stronger form and if she does that within 90 days shes granted additional rights under copyright law and so shes going to do that now once she has that in place you know how is she going to exploit that work of authorship well

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If infringement of a trademark is proven, a court order can prevent a defendant from using the mark, and the owner may be awarded monetary relief.
If youre asking if you can take someone elses logo that theyre already using and trademark it, then no (or, you can try but youll likely end up facing legal issues.)
Copyrights primarily protect the rights of people who create literary, dramatic, musical, artistic, and certain other original works (like history tests, and software code). Trademarks can protect the use of a companys name and its product names, brand identity (like logos), and slogans.
You cannot trademark a phrase that conveys information or a message no matter how long youve been using the phrase, the manner in which its used, the popularity of your products/services, or even if youre the first and only person to use the phrase.
When you use someones mark without their permission in a way that infringes on or dilutes their mark, then your use is usually unlawful. The trademark owner can normally sue you to stop you from using their mark, and they can collect money damages.
Companies or individuals that can identify who stole their IP can bring them to court and in some cases, serious penalties can be given to the criminals. These include fines, imprisonment, civil charges, suspension of licenses, etc.
The 1984 Act created an offense, codified at 18 U.S.C. 2320, which provides that (w)hoever intentionally traffics or attempts to traffic in goods and services and knowingly uses a counterfeit mark on or in connection with such goods or services shall be guilty of a felony. 18 U.S.C.
If you continue to use the mark after being notified of your mistake, a formal cease and desist letter may come from the accusers attorney. If you do not stop using the mark, the accuser may serve a summons and complaint on you, requiring you to respond by a certain date.

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