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Old 05-19-2004, 07:19 AM  
jayeff
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Join Date: May 2001
Posts: 2,944
If the plagiarism is straightforward and obvious, proving a copyright case isn't difficult. However, collecting damages can be a different matter if the guilty party is in another jurisdiction, as will often be the case when the 'Net is involved.

It all starts to get difficult if someone has merely been "inspired" by your work. We have all come across the clichéd plots of books and movies: the vast majority do not provide a basis for copyright suits and the same is true of site design and layout. Someone producing a similar but different version of a design may not be considered in breach of copyright. It depends on the extent to which a court considers the designs to be different and just how creative the original design was.

Which is where trademark registration, not only for logos, but for different words and phrases, comes in. If elements of your design are both unique (at the time you create them) and retaining their exclusivity is important, then you should register those elements individually. Just be aware that you then have to defend your trademark rigorously and consistently, otherwise your position in any suits will be weakened.
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