Copyright and Trademark Legal Services
Most small business owners know the importance of protecting their intellectual property in a legally enforceable way. Whether it's the products they sell, the content they produce, or the product names and brands they develop, there is real monetary value in being protected from cheap knockoffs and brand thieves.
- A properly executed trademark protects your brand, your business logo, and your identity.
- Businesses and individuals use copyrights to protect physical products or works.
Luckily, the government has two essential programs that promote this type of business and brand integrity. Trust the legal team at Perdomo Klukosky and Associates to help you with protecting your brand and products by contacting us today for a legal consultation with an NYC Trademark Lawyer.
What is a Copyright?
This is perhaps, the most common and well-known form of intellectual property protection. That is because it applies to actual physical products and works. Business owners and creative artists can protect their music, writings, poetry, computer software, movies, songs, architecture, and any unique, business-developed product, etc. In order to be covered by the scope of this law, the product must be tangibly fixed, and an original form of expression.
This does not cover "idea theft" and it does not cover the theft of a company's brands. For that, there's a separate program. Items which are not covered under the protection of copyrights are essentially able to be freely distributed among a community of knockoff artists and ambitious startup businesses that will enjoy having duty-free access to the hard work of a competitor. Because the work has already been created, they can afford to undercut the original producer's price and undermine their entire business model or future profits.
For that reason, copyrights aren't just the protection of a business or individual's work, but essentially a form of protection of their entire livelihood and business model. Those who wish to remain profitable and unique in their business should pursue trademark and copyright protection immediately, and consult with an NYC Trademark Lawyer who can assist them in this process.
Why You Need a Copyright
Businesses who produce something, whether it's an online blog they maintain or a series of products they sell in a retail store, need to pursue copyrights. It is the leading form of protection against intellectual property thieves. And those who don't have a proper copyright can have their work exploited by others with cheap imitations and knock-off goods, and may lose the ability to file an infringement suit. Any online shopper can attest to the proliferation of such things.
What is a Trademark?
Where copyrights cover the expression and production of ideas unique to a business or individual, trademarks cover something else entirely: corporate identity, brands, and logos. Though they're often thought of as interchangeable with copyrights, trademarks are in fact a completely separate legal area with different protection. Where they are similar, however, is that they are essential for a business or individual who hopes to identify their works with a unique mark or brand.
Trademarks can apply to corporate logos, but they can also apply to any other device used in marketing and branding an individual: unique words or phrases, a slogan or catchphrase, or any combination of names and symbols that is intended to identify someone and be used for commercial purposes.
Typically, trademarks are used to distinguish one business from another, consider the difference between the Apple logo and the Microsoft flag, and how those unique marks distinguish each company's business.
Why You Need a Trademark
If you've ever gone shopping through a "black market" area of a major city, you're no doubt aware of the many knock-off brands that look just like their designer counterparts -- down to the logo and associated branding that identifies them as allegedly high-ticket items. If those companies lacked legal protection of their trademark logos and brand identification, those items could continue to be sold with no legal enforcement or repercussions whatsoever.
Being able to freely distribute merchandise that bears a company's logo, brand name, or slogan, is a way of undercutting their business and harming their profits. As these goods and services are generally of a lower quality, and therefore a lower price, unsuspecting buyers will begin to associate that logo with a lower-quality product.
It not only harms the business' bottom line up front, by redirecting profits to a private individual's counterfeit operation, but it also hurts their image in the long term. The lack of trademark protection can lead to a marketplace filled with low-quality items that convey the brand as cheap and not worth the investment.
Copyright and Trademark Law
Copyrights and trademarks ensure the durability of ideas and branding marks. They keep a business afloat by ensuring that their unique products and brand distinctions remain their own, and cannot be mass produced and distributed through other channels. Just consider these valuable assets you would want to ensure you protect:
Perhaps most importantly, properly submitted paperwork offers businesses the option of legal recourse when their copyrights or trademarks have been violated. They are two very different, but equally essential, facets of operating a business today. Please contact us today for a legal consultation with an NYC Trademark Lawyer and review of your trademark and copyright needs.