ABSTRACT
While copyright law defines the rights and responsibilities regarding works, trademark treats the subtle arena of words, names, phrases, and symbols. In many ways, these linguistic and visual elements are the linchpins of relationships in the minds of people to the products and talents of creative professionals. Serving as source identifiers, trademarks allow the consumer to relate to a product or service based on a body of experiences or images. They are most fundamentally distinguished from copyrights by their brevity. While copyright law requires the element of originality and generally applies to works of at least 15 words, trademarks are often short and pithy. One word (Paramount), a string of letters (ABC), a short phrase (“All the News That’s Fit to Print”), a visual design (the CBS eye), sounds (the melody of “When You Wish upon a Star”), colors (pink for fiberglass), or smells (high-priced perfumes) all constitute trademarks. They identify a source and embody a reputation.
