You worked hard to build your brand. And then one day, you discover someone else using your name or something similar online. So, what can you legally do about this?
The type of protection available depends on what someone is using and how they’re using it. Here is what you will want to know about protecting copyrighted names, handles, and brand assets online.
Copyright Does Not Protect Every Part of a Brand
Keep in mind that not every brand asset is protected by copyright. In most cases, copyright protects original creative works, such as:
- Website content
- Photographs
- Videos
- Graphics
- Illustrations
- Original marketing materials
- Blog posts
- Other creative content
That means names, business names, usernames, handles, titles, and short phrases are not protected by copyright because you created them.
But that does not mean they are completely unprotected.
Under trademark law, you may still have protection for names, logos, slogans, and other identifiers that distinguish your goods or services from those of other businesses.
What About Social Media Handles?
Social media handles can be valuable to a business.
Your handle may be part of your brand identity across Instagram, TikTok, Facebook, X, LinkedIn, YouTube, or other platforms. Losing control of that identity can create real business problems.
However, owning a specific username does not automatically give you exclusive trademark rights to that name.
In these cases, the bigger question is whether the name or mark is being used in commerce in a way that creates trademark rights or causes consumer confusion.
If someone is deliberately impersonating your business or using your branding to make people believe they are dealing with you, you may have legal remedies under the law.
What If Someone Copies Your Logo?
With logos, the situation is a little different. They can receive both copyright and trademark protection.
The artistic elements of an original logo may qualify for copyright protection. Along with that, the logo’s use to identify your business may also support trademark rights.
This can give a business multiple options for protecting an important brand asset.
So, if someone copies your logo and places it on their website, products, advertisements, or social media accounts without permission, you have legal options.
Always Register Your Important Brand Assets
If your brand is important to your business, you do not want to wait until there’s a dispute to think about intellectual property protection.
Depending on the asset, registration can provide you with some advantages. For example, copyright registration can give you additional legal benefits when protecting eligible creative works. Federal trademark registration can also protect qualifying trademarks used in commerce.
While registration is not necessary for every asset, it can be an important part of your intellectual property strategy.
Never Assume the Internet Is “Fair Game”
The fact that something is publicly available online does not mean someone else has permission to use it. A photograph on your website is not automatically free for another business to download and use in an advertisement.
If you created original names, handles, or a brand asset, you need to know your rights before someone else decides to use them.
Protecting Your Brand Is Easier Before There’s a Fight
One of the best times to think about intellectual property protection is before someone infringes on your rights.
- Take inventory of your important brand assets.
- Keep records showing when and how you’ve used your name, logo, and other marks.
- Maintain copies of original creative works and their creation dates.
- Consider appropriate copyright and trademark registrations.
Those steps may seem tedious when everything is going smoothly. They’re much less tedious than trying to reconstruct your brand history after a dispute begins.
Protecting What You Have Built
Your brand represents more than a name or a logo. This is the reputation you have built with your customers and the creative work you’ve invested in your business.
When someone uses those assets without permission, that can feel incredibly frustrating. You need to know what you can do about protecting copyrighted names, handles, and brand assets online.
If you believe these assets were accessed without authorization, reach out to Iconic Inc. We can help you with your rights under the law and take those next steps for your situation. Schedule a consultation today.