US copyright protection for logos, packaging and products

摘要

Companies should routinely take stock of the expressive elements in their logos, packaging, and product designs to assess whether any of those elements are copyrightable under US law. When working with independent contractors on potentially copyrightable materials, companies should also be sure to obtain all necessary rights in the creations. While registration is not necessary to obtain copyright protection, the evidentiary presumptions and access to statutory remedies and attorneys' fees provided by timely registration are frequently worth the modest investment. A registered copyright can be a powerful weapon in negotiating with or litigating against those who copy logos, packaging and product designs, supplementing other forms of intellectual property protection.