Tag Archives: trademark

Patents

There seem to be three categories of intellectual property, as far as the law is concerned. Copyright is a law of authorship, trademark concerns commercial ventures, and patent law protects inventions. I have already blogged a lot about copyright, and once about trademarks, so let’s give patents a share. The Constitution requires that the government promote the sciences by a way we have since adopted as patents. In a similar way, copyright also encourages creation of the arts by offering many benefits to being a creator.  Unlike copyrights, however, a patent cannot logically forbid anyone from using a copy of the patented product. Inventions are meant to be used by the public, or by a manufacturer depending on what the invention is. Patents are perhaps less restricting elements than copyright; it protects royalties and such for the inventor, but it does little to limit the exchange of the invention. After all, even more than copyrighted materials or trademarks, patented inventions are meant to be used for the public good.

 

Trademarks

We have talked a lot about copyright, but what about trademarks? The two are rather similar: both are protections for texts or images or even methods. Trademarks, like the one posted here, are important for bigger companies who want to disseminate their brand and create brand loyalty. You always see that little TM on most labels (the superscript to Friendship is Magic) or even a little restrictive R (the one on My Little Pony). Trademarks are very powerful marketing tools. In my example, Hasbro owns the My Little Pony trademark, and thus also has rights to all artistic or commercial manifestations of the name like a copyright. Hasbro’s main goal is to make money. When it sees that one medium of My Little Pony is doing well, it will branch into other mediums, like a virus, until everything is infected by the MLP:FiM logo. It went from a show to having its own toys to clothes to trading cards to tattoos to party accessories to you name it. The trademark was everywhere, and everyone knew this was Hasbro. Though copyright has a large commercial interest, trademarks are the real sons and daughters of capitalism.