Joshua Garber Copyright Lawyer for Chicago, IL
Seth Wiener Copyright Lawyer for Chicago, IL
Adam Urbanczyk Copyright Lawyer for Chicago, IL
Louis Phillips Copyright Lawyer for Chicago, IL
Anastasios Garbis Copyright Lawyer for Chicago, IL
Joseph Tylutki Copyright Lawyer for Chicago, IL
Margaret (Margie) O'connor Copyright Lawyer for Chicago, IL
Kevin Keener Copyright Lawyer for Chicago, IL
Aaron Gillett Copyright Lawyer for Chicago, IL
Chicago Copyright Lawyers
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Legal Services Offered by Our On-Demand Chicago Copyright Attorneys
Our Chicago copyright attorneys & lawyers can help you register a copyright for your original work of authorship. This will ensure that you have documented proof of your copyright ownership. Because, if you don't file it, you can't sue if someone uses your work.
Once registered, the copyright lawyer you chose can also assist you with the development of licensing and/or distribution agreements so you can collect royalties on your original work of authorship. The copyright attorneys & lawyers on UpCounsel represent entrepreneurs, musicians, actors, artists, TV producers, and authors. Our Chicago copyright attorneys can also assist you with fighting copyright infringement in the case a party infringes on any of your copyrights, as they'll seek to prevent it and seek damages from any and all infringers. Many attorneys also have expertise in defending clients against claims of infringement.
There are three types of copyright: usage, full, and unique. Usage means the buyer gets to use the article one time, but the writer can use it again or resell it. Full rights will give the buyer all rights; they can even place their name on the article, saying they wrote it. Your copyright attorney can explain further details about the different kinds of copyright.
Copyright ©, the least expensive form of protection, means literally "the right to copy" an original creation. Original works of authorship include: Movies, drawings, books, works of art, music, textile and jewelry designs, photographs, lyrics, computer programs, paintings, architectural works, including blue prints and maps.
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What Can Be Trademarked?
A phrase, word, symbol, device, or even a color are all eligible for a trademark. Anything that distinguishes the goods of your party or company from another qualifies. However, the item must be used in a commercial setting to obtain protection from the law. Trademarks have a 10-year protection span.
Trademark are important to:
- Distinguish your company from others
- Indicate the source of goods
- Distinguish your service from others
- Give permission to other companies for cobranding
- Indicate a membership in a union
A trademarkable symbol also lets customers know who you are. This is especially important when two companies in the same industry have a similar name, for example.
The three types
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What Does a Trademark Protect?
A trademark protects a good or service offered by a company from infringement or damage of reputation by another company. With a trademark, you have legal recourse to sue another company that uses your likeness to further their own business ventures. This includes both registered and unregistered trademarks.
In short, a trademark is a word, phrase, symbol, design, or combination that helps consumers identify a particular product. A service mark is the same, but pertains to a service instead fo goods. Both marks are protected once they are used. This includes both registered and unregistered trademarks.
In 1995, the landmark case of Qualitex Co. v. Jacobsen Products Co. affirmed that trade
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Service Mark Overview
A service mark can be a phrase, a logo, a graphic, a name, or other mark that identifies your business as a provider of services distinct from other businesses.
Although closely related, service marks and trademarks differ in some crucial ways. A trademark is used by a business that sells products, such as clothing or jewelry. A service mark is used by a business that offers services, such as dining or plumbing. If your business offers services rather than goods, your branding would generally be a service mark.
Legal professionals often use "mark" to refer to both trademarks and service marks.
Service Mark Examples
Because trademarks and service marks are so similar, they may be confused. Essentially, when your business offers a product for sale, you would use a trademark. The Apple logo is a
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What Does Trademarking a Name Cost?
Filing a trademark for your business name with the U.S. Patent and Trademark Office (USPTO) will cost between $225 and $600, plus legal fees. You can register with most states for $50-$150 if you don't want protection outside your state.
Trademark protection covers the designs, symbols, words or phrases that identify your business as a source of products or services and sets them apart from competitors' offerings. Business names, logos, and product labels can all be trademarked. If your company sells services instead of goods you would technically use the term "service mark" instead of trademark, but most people use the word "trademark" when talking about services as well as goods.
Federal Trademark Information
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What Is Trade Dress Infringement?
Trade dress infringement occurs when one company uses trade dress similar enough to another's to cause a "likelihood of confusion" in an ordinary buyer's mind. The legal term "trade dress" refers to the general appearance of a product or its packaging that reveals its source to customers. Think of McDonald's Happy Meal boxes, for example. Companies who provide services can also have trade dress in the atmosphere or decor in which those services are provided. Picture the high ceilings and Grecian columns of The Cheesecake Factory restaurants, for instance.
While a trademark is a word, trade dress is a visual impression. Just like trademarks and patents, companies ca