Personal Injury Lawyers
of Long Island

(631) 801-0057

  • Home
  • Credentials Matter
  • Practice Areas
    • Personal Injury
    • Car Accidents
    • Truck Accidents
    • Workers Compensation
    • Medical Malpractice
    • Wrongful Death
    • Cruise Accident
  • Blog
  • Free Case Evaluation

June 21, 2019 by PILLI Law

Intellectual Property Law – Trademarks versus Copyrighting

Trademark Attorney

Intellectual property is similar to industrial patents: its intent is to protect the inventor from copycat work and stolen credit. It also provides an economic protection, which forces a person to compensate an individual who has trademarked or copyrighted their work. Essentially, copyrights and trademarks are there to protect from illegal use.

What is the difference between a trademark and a copyright?

In essence, trademarks and copyrights are both meant to do the same thing: protect a creator’s intellectual work from illegal use. However, there is a major difference between the two. Trademarks help define and protect a company brand, word, design, or phrase whereas copyrights protect artistic works and creative ventures, such as media, artistic, or literary works. In terms of a book being published, the trademark can protect a series logo as well as the name, and copyrighting can protect the book and writing itself.

What is Trademark Infringement?

If a trademark holder or company feels as if their trademark or copyright has been infringed upon, they have the right to file a lawsuit if there is a possibility to prove that the plaintiff set out to confuse or manipulate, or tried to relate their product to another’s trademark. Some things to look out for:

  • Comparison in relation. This factor looks to see if both the products are related to one another, or are similar to the trademarked product.
  • Avenue of trade, consumer, and cost: This idea is to help see how the customer will be purchasing the product and how susceptible he or she will be to buying the wrong item, i.e. is it something a customer would be able to know and distinguish as an impulse purchase?
  • Actual and literal confusion: Has there been any cases of confused identity already between the two products? Has a fair amount of consumers either purchased the wrong product or tried to return it to the wrong company?

What to Do If a Trademark Has Been Violated?

In the case of trademark infringement, the trademark owner may file a lawsuit in either federal or state court, depending on the circumstances. If an owner is able to prove before the courts that another entity has violated the infringement, there are a few legal remedies that the successful plaintiff can take. These may include:

  • Court-ordered cease and desist or injunction, which forces the defender to stop using the trademarked likeness.
  • In order to stop production, as well as destroy or lose custody of any or all of the Welding products. 
  • Monetary compensation, which forces the defendant to pay for any of their profits, any damages by the plaintiff, and possibly the attorney’s fees, depending on the case.If the defendant is found not guilty, then he or she will not have to do anything. 

If you feel like a company or individual has infringed on your trademark laws, or would like to submit your own requests for your work, speak with a qualified trademark attorney for further questions and discussion.

Filed Under: Uncategorized

  • Home
  • Credentials Matter
  • Practice Areas
    • Personal Injury
    • Car Accidents
    • Truck Accidents
    • Workers Compensation
    • Medical Malpractice
    • Wrongful Death
    • Cruise Accident
  • Blog
  • Free Case Evaluation

LONG ISLAND PERSONAL INJURY RESOURCES

Long Island Personal Injury Law Firm
Long Island Personal Injury Lawyer
Long Island Car Accident Lawyer
Long Island Workers Compensation Attorneys
Long Island Medical Malpractice Attorneys
Long Island Wrongful Death Lawyer
Long Island Cruise Accident Attorneys
Free Legal Advice
Legal and Financial Advisor Rockville MD
Car Accident Lawyer Long Island NY
Long Island Truck Accident Attorney
Auto Accident Lawyer Long Island
Long Island Car Accident Lawyers
Long Island Auto Accident Lawyer
Long Island Car Accident Attorney
Car Accident Injury Lawyers Indianapolis IN
Who is the Top Bankruptcy Lawyer in Cypress, TX Civil Rights Litigation Lawyer Washington, D.C.
Personal Injury Blog
Denver Bicycle Accident Lawyer
Bus Accident Lawyer Los Angeles CA

Location

500 Merrick Road
Suite 200
Rockville Centre, NY 11570
(631) 801-0057

Free Consultation

Request a free consultation with one of Washington DC's premier personal injury law firms.

Request Free Consultation

No Legal Advice Intended. This website includes general information about legal issues and law practices. Such materials are for informational purposes only and should not be considered legal advice or counsel. Information may not reflect current legal standards. For legal advice specific to your needs, contact an attorney licensed in your jurisdiction. Do not rely on any statement on this website for any reason whatsoever. Furthermore, the information contained in this website is for informational purposes only. It is not, nor is it intended to be, legal advice or representation. Your review or use of this web site, its information and links does not create an attorney-client relationship or an attorney-client privilege between this law firm and you. Statements made to this firm before the formation of an attorney-client relationship may not be privileged and confidential.



© COPYRIGHT 2025 LONG ISLAND PERSONAL INJURY LAWYERS | POWERED BY Matador Solutions - Internet Marketing Company

Other Resources
American Bar Association | The American Lawyer | National Lawyers Association | Lawyers Without Borders | American College of Trial Lawyers | American Bar Association | National Association of Women Lawyers | Lawyers Associated Worldwide | Cohen & Cohen P.C. | Auto Accident Lawyer DC | Auto Accident Lawyers Washington DC