Difference Between Copyright and Trademarks
Difference Between Copyright and Trademark
1. Definition
Copyright protects the original works of authorship such as literary, artistic, musical, and dramatic works. It gives the creator exclusive rights over reproduction, adaptation, and distribution of the work.
Trademark protects signs, symbols, logos, names, or devices used to identify and distinguish the goods or services of one business from those of others. It helps consumers recognize the source of products or services.
2. Subject Matter
| Aspect | Copyright | Trademark |
|---|---|---|
| What is protected? | Original creative works: books, paintings, music, films, software code | Words, logos, symbols, sounds, colors used to identify goods/services |
| Example | A novel, a painting, a music composition | Brand names like “Coca-Cola,” logos like the Nike swoosh |
3. Purpose
Copyright protects the expression of ideas — enabling creators to control how their works are copied, distributed, and publicly performed.
Trademark protects the source identifier — ensuring consumers can distinguish between different producers or service providers and preventing confusion.
4. Duration
Copyright usually lasts for the lifetime of the author plus a set number of years (e.g., 60 or 70 years), depending on jurisdiction.
Trademark can last indefinitely as long as it is continuously used and renewed.
5. Rights Granted
| Rights | Copyright | Trademark |
|---|---|---|
| Exclusive rights | To reproduce, distribute, perform, display, and create derivative works | To use the mark exclusively in trade, prevent others from confusing use |
| Enforcement focus | Protect unauthorized copying or adaptation | Prevent unauthorized use that causes consumer confusion |
6. Case Law Illustrations
Case A: Copyright Protection – Eastern Book Company v. D.B. Modak
Facts: Eastern Book Company owned copyright in law reports and sued for unauthorized copying.
Held: Court protected original expression and ruled copying substantial parts violated copyright.
Significance: Established that copyright protects original literary works, including compilations and annotations.
Case B: Trademark Protection – Cadbury India Ltd. v. Neeraj Food Products
Facts: Cadbury claimed infringement of their “Dairy Milk” trademark by Neeraj Food using similar packaging and marks.
Held: Court held that consumer confusion was likely and injunction against infringement was justified.
Significance: Reinforced trademarks’ role in protecting brand identity and preventing passing off.
7. Key Differences Summarized
| Feature | Copyright | Trademark |
|---|---|---|
| Protects | Original works of authorship | Identifiers of source (names, logos, symbols) |
| Subject Matter | Literary, artistic, musical works, software | Brand names, logos, slogans, packaging |
| Duration | Limited term (life + years) | Potentially perpetual with renewal |
| Main Purpose | Protect creator’s expression and control usage | Protect consumers from confusion and unfair competition |
| Use in Commerce | Not necessary for existence of copyright | Must be used in commerce to be valid |
8. Conclusion
Copyright safeguards creative expression, focusing on the content itself.
Trademark safeguards brand identity, focusing on market source recognition.
Both protect intellectual property but serve different commercial and legal functions.
Courts recognize these distinct roles and provide remedies accordingly, as seen in the cases above.
RELATED Blog
0 comments