Post #745603 by Chip and Andy on Fri, Jun 26, 2015 4:53 AM

On 2015-06-25 10:35, Leilehua wrote:
Aloha! I was referred here after I posted about trademark infringement.

Trademark and Copyright are two separate things. I know it sounds like nitpicking, but each has its own set of rules, protections, and enforcement options so it is important to keep them separate and treat them separately.

Tiki Brand Torches is both a Copyright and a Trademark so it does get confusing.

And the little dark secret of both is this: It is up to the Copyright or Trademark owner to enforce. You can copyright or trademark something but if you don't actively enforce your ownership then it is very easy for the courts to decide that you have voluntarily allowed your ownership to quit moving it into the public domain.

If you don't at least send cease-and-desist letters to those trying to copy you then it doesn't take too very long before everyone is doing it and you wind up losing any control you might have had.