2. No: under today's laws - you don't have to place the copyright symbol on your work (to claim copyright infringement).

That's true - in Canada and the US, copyright exists the moment the work has been produced in "a fixed medium".

I was thinking about that very question, David.

Thanks.

(moved from Creative Squeeze thread)

>> But it becomes your trademark simply by your using it.

Really. Since when. Not in the legal sense, not in the United States.

If that were the case, Hrant would have a trademark on Helvomita.

A work is "copyrighted" when it's published* or seen by a third party.
But a trademark is different.

In a TM dispute, simply USING a mark first isn't enough.
FIRST to FILE is also important if you want to use your
mark outside of a limited geographic area.

I agree that TMs typically destract...

>>You can register it if you want to, but there isn't much point unless
you're a multi-million-dollar brand name.

Partially disagree. If Scott wants to ensure that nobody gets the name,
now or in the future, not only does he need to be First to Use
but First to File.

If someone independently comes up with Creative Squeeze and
files a federal trademark (and it goes through the process,
including being Published for Opposition)
then it will impede Scott from getting "national" with his mark.
He will have to stay regional and may
get a Cease and Desist from the other Creative Squeeze that'll
cost a lot more than $335 to handle.

In my opinion.

Hrant, you can file all kinds of city, county and state stuff but
www.uspto.gov is the place to go to file a national trademark.

If your trade channels don't extend beyond your state, then
it probably isn't necessary.

These are opinions, btw, based on my own dealing with this
stuff. However, I'd check with a competent attorney.

bj

I'd agree with David on the copyright issue.

I work in the apparel industry, where knockoff artists linger
at every corner, so we've had quite a bit of experience,
unfortunately, in this area.

For example, Emigre's "Design is a Good Idea" T-shirt, set in
Base 10 or whatever, is Not Copyrightable.

bj

> Hrant would have a trademark on Helvomita.

I do, and apparently even that long trip back from the quasar didn't teach you a lesson:
http://www.typophile.com/forums/messages/29/3079.html
(November 25, 2002 - 10:15 pm)

hhp

I know, I've committed all of your 3500 posts to memory.

Seriously, what have you done with helvomita that makes
you think it's trademarked...

Also, to clarify, the Design is a Good Idea "design" might be
produced in a fixed medium, but it won't get a copyright from
the Copyright office.

Neither will a typeface.

bj

Somebody should bring up how The Beatles are suing Apple again.

> Seriously

Not me.

hhp

okay, so you're kidding about Helvomita...yeah?

I will now Fartura in your general direction. ;-)

hhp

As a print publisher, perhaps I can add some clarification:

You are automatically given copyright in the creation of intellectual or artistic work (this doesn't include design). However, this does little to protect you unless you register with the Copyright Office. Once registered, you have the right not only to claim infingement but to sue for damages. You cannot collect damages without this registration.

The proper notification, according to the Copyright Office is
Copyright

destract, meant, dis tract....tartar sauce!

> _The Compleat Postings of..._

Heavily edited to avoid a litany of libel suits, of course.

hhp