How To Protect Your Brand: Copyright Law
Branding Strategy Insider:
While organizations don’t often pursue this protection, logos are typically protectable by copyright law. Make sure your organization, and not an outside person or agency, owns the copyright to your brand’s logo.
Advertising/marketing agencies will often include an assignment of rights, titles and interests (including copyright interests) to their clients in their letters of agreement. While trademark infringement requires proof of ‘confusing similarity,’ copyright infringement requires proof of ’substantial similarity.’
Online legal interpretation is evolving, but in general, organizations whose brands are strong and well known (‘famous brands’) can legally defend their names and other marks against unauthorized use in domain names and tags. (Playboy (unsuccessfully) and Estee Lauder (successfully) sued other sites for using their brand’s names or slogans in their site’s meta-tags.)
Other online legal issues include the following… read on.
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