Where copyright doesn’t expand to things such as names, colors, typefaces, designs, etc. In many ways, trademark is much more broad than copyright. As such, logos are generally protected by trademark and enforceable as such. Trademark is about protecting things that identify a business in the marketplace and logos are among the most important means of identification. When most people think of intellectual property and logos, they leap to trademark and for good reason. So where are the lines drawn? The answers aren’t very simple and requires looking deeper into what copyright and trademark protect and, even then, there aren’t very many clear answers to give, just a lot of gray area that has to be taken one case at a time. Logos are one of those spaces of intellectual property law where there is a great deal of overlap between two areas, in this case copyright and trademark, and businesses are known for using both to protect their logos from undesired use. Trademark covers business names, slogans and other items used to identify it in the marketplace.
Copyright covers creative works of expression fixed into a tangible medium of expression. To hear intellectual property attorneys describe it, it seems so simple.
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