Intellectual Property

intellectualpropertyTrademark/Service Mark

Gulati Law focuses on clearing, registering, and enforcing intellectual property rights, helping aspiring and established start up business owners, artists with the licensing of their trademark or service mark.

A trademark is a brand name, which includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services.

Copyright

Gulati Law focuses on clearing, registering, and enforcing intellectual property rights, helping aspiring and established start up business owners, artists with the licensing of their original works of expression.

Copyright is a form of protection to the authors of original authorship, including literary, dramatic, musical, artistic, and certain other intellectual works. The Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:

  • reproduce the work in copies or phonorecords;
  • prepare derivative works based upon the work;
  • distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending ;
  • perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
  • display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and
  • perform the work publicly, in the case of sound recordings, by means of a digital audio transmission.

The public often use the terms copyright and trademark interchangeably, but copyrights do not protect names, titles or short phrases, as trademarks do.

Both trademarks and copyrights can be used interchangeably to protect different aspects of the same product.  A copyright may protect the artistic aspects of a graphic or logo used by a business to identify its goods or services while a trademark may protect the graphic or logo from use by others in a manner likely to confuse consumers in the marketplace.