Minneapolis Trademark Attorney

Trademark and Copyright Infringement

Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner. Copyright infringement is similar violation of material covered by copyright law.

In its most basic definition, a trademark is a word, symbol, or phrase used to identify and distinguish a seller’s products. In trademark infringement, one party uses a trademark which is identical or confusingly similar to an established trademark owned by another party. A trademark must be registered in order to be infringed. If not registered, legal action is still possible under common law for passing off or misrepresentation. Legislation which forbids unfair business practices may also cover illegal trademark use.

A copyright is a legal concept giving the creator of an original work the exclusive rights to it. Like the trademark, a copyright is a form of intellectual property. Common cases of copyright infringement include violations of the right to reproduce the work or produce derivative works. Examples of copyright infringements include the illegal downloading of music files over the internet, bootleg copies of music albums that have not been released, and unauthorized copies of movies. Penalties for copyright infringement are generally monetary damages brought about in individual lawsuits as well as injunctions against future infringing uses. Copyrighting becomes complicated in the scope of inspiration. Creative works derive inspiration and material from culture at large, so delineating between inspiration and infringement can become a precarious task.

If you have any questions or concerns about trademark or copyright infringement, contact the experienced business lawyers at Skjold ▪ Barthel today.