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I have read it as just a certifiable date on your intellectual property(book) is copyright. So, it a company makes a product, Kenmore Frigidaire, for example, and makes no copyright or trademark and no patents, for the model or name "Frigidaire", then are successfully selling the product and another company such as Fakecompany starts selling a "Frigidaire", having no patents or copyrights or trademarks as well, wouldn't the name "Frigidaire" fall under original content copyright to the first company and allow them to sue the second company, the name be intellectual property?
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Intellectual Property Attorney serving Manchester, NH
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Copyrights are for artistic works (e.g., sculptures, books, music, etc.). The name of a product cannot be protected by a copyright.
Trademarks protect the name of a product. When you begin selling a product using a trademark, you gain common law trademark rights. Those rights are closely limited to the chosen trademark for the goods sold in the geography in which the product is sold. If a second company begins selling the same goods in the same geography using the same name, they can be sued for infringing the common law trademark rights.
Original content in copyrights are normally used to differentiate derivative works. Stephen King wrote Carrie. Then, a movie was made based on the story. The movie has some content that was entirely from the book and some that was original content. A copyright on the movie normally only protects the original content.
Answered on Dec 16th, 2013 at 10:56 AM