Re: Re: Copyright relating to trademarks.

From: <Lalpdx1[_at_]aol.com>
Date: Mon, 09 Jan 2006 14:15:55 -0500


Jake,

You do own copyrights regardless of registration from the moment you create a copyrightable item, or reduce it to a tangible means of expression. As Nate suggests, the catch is that you can't bring a lawsuit without a federal registration, most likely in-hand. (There have been some instances in which courts have allowed a suit on the basis of an application only.) Standard registration applications take many months to wind there way through the copyright office. Expedited registrations can be had in a week or so, but the expedited handling costs quite a bit.

Many IP attorneys who practice copyright law are also familiar with trademark law. I agree with Nate that you should pay such an attorney for at least an initial hour or so of advice. Then, assuming defenses or potential counterclaims apply, litigation can very often be avoided by means of a carefully crafted response letter that points these out. The attorney should write, or at the very least review, such a response letter.

Larry Locke Received on Tue Jan 10 2006 - 00:15:55 GMT

This archive was generated by hypermail 2.2.0 : Mon Mar 26 2007 - 00:35:56 GMT