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Written by : Christian Whitecotton
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welcome to lawpath's legal education videos my name is damon murdock i've been a lawyer for more than 10 years today we're talking about what is the difference between copyright and trademarks now to be able to answer that question you need to know what copyright is and you need to know what trademarks are so first we'll start off with what is a copyright copyright is artistic work in written form so that is it's a song it's a poem it's a movie it's a book it's software that you've developed it's the source code or the object code of your website and look and feel that is all copyright material and copyright material is protected by the copyrights act 1968 and in essence if someone was to infringe upon your copyright the way that you protect your copyright is you normally would send a seasoned assist letter saying the wording on your website is exactly the same as mine you're infringing upon my copyright or your software is identical to my software and you must have stolen it from us and the code must be exactly the same that is the first point of difference uh between copyright in a trademark is that you allege that you were the owner of it normally the defense will be well prove that you actually own it and that's the difficult part when it comes to proving that you actually own the copyright you'll be required to issue legal proceedings normally in the federal court of australia and you will claim that you're the one that wrote it you took that picture you drew that artwork whatever it might be you will then put a statement on saying this is mine it's original work it's artistic it's in print and it's owned by me and they've infringed upon it they've copied it and this is why it's similar and they have to copy it in substantial form for it to be copyright infringement now trademarks is limited normally to a logo or to a slogan or to certain words so you can trademark the word law path law path is could be trademarked in the sale of goods or it can be trademarked in the sale of services there's different classes that you can register with ip australia and iep australia registers trademarks they also do designs and patents as well and so what you would do is you would lodge the law path logo with ip australia in legal services and that would protect anybody else in legal services sorry that would protect you or protect law path from anybody else using that logo in legal services you can also use a slogan and you might opt for that slogan in business consulting and you might do business consulting in telecommunications so you would want to register your slogan in the class of business consulting and also in the class of telecommunications and the difference between a copyright and a trademark is once you've lodged and your trademark has been registered you are now at first instance the owner of that trademark whether it's a word whether it's a logo with a slogan and it's up to them to prove otherwise and for them to prove otherwise they would have to show either you've registered your trademark in bad faith for instance you registered coca-cola knowing that coca-cola simply forgot to register in a specific class and you don't trade as coca-cola at all and you just did it in bad faith so that they pay you out or you can do concurrent use where there's two companies using it the one company has been using it for five years but never registered a trademark so they can say well we've never registered a trademark but we've always been using it and therefore we should also be allowed to use that word in that class and that would be a concurrent use application but generally speaking it's very limited limited circumstances where you can defend about against a trademark infringement so the difference between a copyright and trademark copyright you got to prove your ownership you normally have to issue legal proceedings in the federal court whereas a trademark it's registered it's searchable you have a designated date when it's been registered and first to register generally wins without some exceptions and if there's a dispute you first try to resolve it with ip australia thank you very much for watching this video if you enjoyed this video please make sure you subscribe to our youtube channel and give us a thumbs up if you have any questions visit www.lawpath.com.edu thank you very much and i'll see you next time
Thanks for your comment Margeret Lennon, have a nice day.
- Christian Whitecotton, Staff Member
Thanks for this interesting article
Thanks Chantell your participation is very much appreciated
- Christian Whitecotton
About the author
I've studied polymer chemistry at Champlain College in Burlington and I am an expert in bioengineering. I usually feel crushed. My previous job was aircraft mechanic I held this position for 26 years, I love talking about fishing and listen to music. Huge fan of Usher I practice scuba diving and collect minerals.
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