The Overlooked Power Of Copyright Law

Law360, New York (July 17, 2013, 1:21 PM EDT) -- The single most important thing a company can do to protect its trademarks may be to rely less on trademark law and more on the Copyright Act.

Marketing materials traditionally protected by trademark law are often also protected by copyright law. For example, a character such as Mr. Peanut is entitled to trademark protection, because it is associated with Planters Peanuts, and is also entitled to copyright protection, because it is an original work of authorship. To encourage creative arts, federal law offers formidable remedies to...
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