Copy-am I-right?

Ah, one of the least exciting areas of law... for me that is. Copyright and trademark law, while similar in nature, are different in practice and theory. Copyright laws focus on tangible and material. Trademark laws protect thought, words, and corporate identity.

The most interesting of the trademark and copyright law infringements comes from the music industry. Since the mass production of music, songs and rhythms have sounded the same. Rather than being creative, music producers and artists create their own products with similar sounds as hit songs.

One of the most notable cases is with Katy Perry's hit song "Dark Horse." A lawsuit levied by Christian rap artist Marcus Gray claims that Katy Perry used similar musical notes and rhythms as his song "Joyful Noise"

Gray argued that had it not been for the riff that he created in his own song, Katy Perry's "Dark Horse" would not have won a 2013 grammy nomination. Ultimately the court sided with Marcus Gray asserting that Katy Perry, and her music producers, did in fact collude and violate the trademark of Gray's song "Joyful Noise."

When looking back on our childhood, copyright law has played a roll in our life. Even when watching "Rugrat in Paris" or any childhood VHS movie, there is a warning about the copying and dissemination of the video programing. Even as recently as the 1980s with the induction of the videotape recording systems, people were making copies of hit television shows like "Dallas" and "In the Heat of the Night."

FBI warnings like the one beside us are prevalent in the movie theaters, on television shows, and even live sports broadcasts. Before every football game there is a warning "This broadcast is copyrighted by the National Football League. Any other use of this telecast or any pictures, descriptions, or accounts of the game without the NFL's consent is prohibited." Look, it is present throughout our lives! We have no escape from copyright and trademark laws!

Not to be confused with copyright violations, trademark violations can be just as prevalent to our everyday lives. The most recent example of memory is the Washington Redskins... or should I say, Washington Football Team.

Against the wishes of Native American Tribes, the Washington Redskins have been forced to comply with cancel culture and engage in a trademark battle with the United States government over their 'offensive name.'

Just over a year ago, the United States Patent and Trademark Office ruled that the Washington Redskins trademark on their name and logo be reversed as it was 'insensitive to Native American Tribes."

This longwinded, annoying trademark battle is not a traditional trademark battle. Typically it occurs when there are similarities between two companies; like Apple Computers and Apple Corps. This battle was a direct result of the United States government intervening in just another private business matter that does not concern them

Though it is not my favorite subject of law, or my most passionate, some of these cases are just so annoying that they get me heated. Like sure Apple Computers sounds like Apple Corps but is it really worth engaging in a legal battle over? And is the Washington Redskins offensive? Not up to me, and it should not be left up to the government to decide either.

So, before you go out and create your own company or product, be sure to follow some important steps.

First: follow the steps of protection for the name. Does it fall into 1 of these 6 categories: fanciful, arbitrary, suggestive, descriptive, generic? If it does, bravo.

Second: does your name or product dilute the a brand of similar recognition? Does it weaken their brand to be similar to your brand?

Third: do you fall into one of the 4 types of protection: trade name, trademark (logo), service mark, or trade dress? If so, let's get to work!

So, as annoying as it may be, consult a representative with the United States Patent and Trademark Office. While the government should not have their hand in private enterprise, it is important to work closely with them so that you do not fall prey to a large corporation trying to maintain monopoly.