Copyright and Trademark: Where the Two Regimes Diverge and Overlap

36 questions on copyright and trademark, answered and cited by the UpLaw editorial team.

• Are the rules of a game protected by copyright?
• Are typefaces, fonts, and artistic style protected?
• Can a slogan or tagline be copyrighted?
• Can the same act infringe a copyright but not a trademark, or vice versa?
• Can you copyright a business name?
• How are fictional characters protected by copyright?
• How are jingles and sounds protected under each regime?
• How can one logo be both a copyright and a trademark?
• How do copyright and trademark differ in their source of law?
• How do trademark rights arise, and how is that different from copyright?
• How do you analyze a knockoff T-shirt under both regimes?
• How is distinctive product packaging protected?
• How is software protected under copyright and trademark?
• How long does copyright last compared to a trademark?
• What are the key takeaways on copyright versus trademark?
• What did Dastar Corp. v. Twentieth Century Fox decide?
• What does copyright protect, and what are its requirements?
• What does copyright registration buy you if the right is automatic?
• What does Dastar still allow a brand owner to do?
• What does federal trademark registration buy you?
• What do the symbols ©, ℗, ™, ℠, and ® mean?
• What exclusive rights does a copyright owner get?
• What First Amendment limits apply to trademark claims?
• What happens when a character's early stories enter the public domain?
• What is a trademark?
• What is the craft of IP strategy across both regimes?
• What is the difference between copyright and trademark?
• What is the functionality doctrine in trademark law?
• What is the idea/expression dichotomy?
• What is the test for copyright infringement?
• What is the test for trademark infringement?
• What is the trademark distinctiveness spectrum?
• What is trademark dilution, and why has copyright no analogue?
• When does a useful article get copyright protection?
• Which office registers copyrights, and which registers trademarks?
• Which protection do I need — copyright or trademark?