When You Need a Trademark or Copyright Attorney
Your trademark refers to a type of logo or other such design that is distinct to your company; as an example, the "golden arches" of McDonald's or the "swoosh" on Nike shoes are both trademarks. Copyright refers to the ownership a person has with written material, songs, artwork, and the like, and it limits who may "copy" or reproduce that work.
The law protects a person's trademark or copyright and ensures they are the only ones who can control or use their own material. While you don't necessarily need to meet with a trademark or copyright attorney for every issue related to these materials, note when it's good to make an appointment in order to protect your legal interests.
1. When you may want a third party to use your material
If you're entering into some type of agreement with a third party so that they can use your material, it's good to have an attorney oversee this agreement. As an example, if you're a songwriter who will be working with a singer to produce and record an album, an attorney should help you write out the agreement as to how that singer might change the writing, how much you get paid when they perform the song in person, and so on. In the same way, if a shoe manufacturer wants to put your trademarked logo on their shoes for a special event of theirs, have an attorney look over your agreement so you know your rights are protected and you're compensated fairly.
2. When your material is being produced in another medium
If you've written a book then of course you know that no one else can print and sell those books, but someone might create a PDF copy of the book and sell it online. They might read the book to create videos they upload to YouTube, or otherwise produce your material in another medium. This may very well be a violation of your copyright, so it's good to speak with an attorney to find out how to protect your legal rights.
This might also apply if someone is recreating your trademarked material in a similar fashion. For example, you may have the right to stop an artist from selling a painting that includes your company's trademark, depending on how it's being used in their work. Don't assume that a copyright or trademark violation means reproducing or distributing your work the same way you use your materials, but talk to an attorney if anyone is reproducing it without your permission.
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