Both Copyright and Trade Mark protect intellectual property rights.
Sometimes a piece of intellectual property (e.g. a logo) may be protected by
both.
Copyright is a right that automatically and naturally exists whenever
someone creates an original artistic work, be it music, writing, designs, or
this e-mail, or the letter I wrote last week to my pal. Copyright normally
lasts for a set period e.g. 50 years and then expries.
Trade Mark is a right conferred by registration of a design, logo or mark
e.g. the coca cola dynamic ribbon, colouring and lettering, the McDs golden
arches, the word "Walkman", or the Sony MD logo. To have the protection you
need to apply for registration to the relevant government authority and pay
the prescribed fee. Trade marks can be renewed perpetually and so if
renewed, never expire (or MacDonalds would be in a lot of trouble!).
Trade marks are usually pictures/logos or words written in a certain style,
colour and font, or a mixture of the two. Quite often trade marks will be
issued for words written in a certain font etc, but not the words
themselves, e.g. Sony can't stop the rest of the world from using the
letters "M" and "D" (Sesame Street, anyone?) together but you can't write
them in the style that they appear on Sony MD equipment without infringing
Sony's Trade Mark.
If you want to protect an idea or design or invention or machine, then you
need to apply for a Patent.
That's a brief summary, hope it's helpful. In short I'd say every piece of
MD equipment you've ever held in your hands has a mixture of all three types
of IP protection!
richard
Richard Lang
Solicitor
Duncan Cotterill
Christchurch, New Zealand
email: [EMAIL PROTECTED]
tel: (++64)-3-379-2430 fax: (++64)-3-379-7097
htttp://www.duncancotterill.com
-----Original Message-----
From: J. C. R. Davis [mailto:[EMAIL PROTECTED]]
Sent: Thursday, 31 August 2000 7:44 a.m.
To: [EMAIL PROTECTED]
Subject: Re: MD: should we wait for lp.
Sorry to bother you, but would you happen to be able to explain to me
the difference(s) between copyrighting material and trademarking it,
or can you point me to a resource on the Web that explains it? Thank
you.
/jcrd
----- Original Message -----
From: Stainless Steel Rat <[EMAIL PROTECTED]>
To: MD-L <[EMAIL PROTECTED]>
| | The term and Logo DVD is something that is copyrighted.
| Trademarked, actually. Copyright is a totally non-relevant area of
law
| (except in regards to copyright ownership of the specification
documents).
|
| | From everything you have said, accepting for the moment that you
are
| | correct, the technology used to make DVDs could be used to produce
MDs of
| | extremely long length. It would seem to me that the quality of a
"DVD"
| | type MD would be superior to the present ATRAC MD.
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