This browser is not actively supported anymore. For the best passle experience, we strongly recommend you upgrade your browser.

Perspectives

| less than a minute read

IP Terminology: Accuracy Matters

In the linked article about a trademark dispute, the author notes that the plaintiff claimed the defendant used a “copyrighted name.” Just a reminder: one can patent inventions, copyright creative works of expression, and trademark names and other indicia of source.  

Copyright does not protect names, titles, or short phrases. That falls under trademark law (though only to the extent they identify the source of goods or services). Pedantic? Maybe. But precision matters, especially in legal writing. Misusing IP terms can confuse readers (Was the “name” an original logo that actually was copyrighted?)  and undermine credibility. What's next, articles containing AI-hallucinated facts?

The Texas Future Stars Series baseball training program has settled a lawsuit with Sony that accused the media giant of stealing its copyrighted name and using it for an MLB video game.

Tags

copyright, trademark counseling and litigation, perspectives, intellectual property