Not my area (litigated a few but certainly not my concentration), so
I'll ask you questions.
The Coney Island Tillie seems to have a copyright mark, and it seems
to be incroporated into their logo.
Would it get both copyright and trademark protection?
--- In AsburyPark@yahoogroups.com, "fancypaaantz" <[EMAIL PROTECTED]>
wrote:
>
> Mixing up a couple of legal concepts here. Whether something is in
the
> public domain (from a copyright perspective) generally refers to
the
> age of a work (artistic expression), if you do a search on Google,
you
> can find some time tables on when works pass into the public
domain,
> for your own edification, if that topic interests you.
>
> If something is an indicator of the source or origin of a product
or
> service, it is a trademark. Trademark rights do not pass into the
> public domain, but exist as long as the producer uses the mark
(logo,
> etc) as a mark in commerce (unless the mark becomes generic, which
is
> kind of like being in the public domain I guess, but is a
different
> legal concept).
>
> That's the general IP primer of the day, but not specific as to
> Tillie.
>
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