What is the difference between copyright, trademark, and trade secret law?

Copyright law protects creative works of expression, such as books, music, photographs, and art. In the United States, when someone creates a work of expression that is “original and fixed in a tangible medium of expression” they are automatically granted copyright protection. Copyright law governs the use of these works and gives the creator exclusive rights to reproduce, publicly display, and create derivative works of the original work. Trademark law is focused on protecting symbols, words, and designs used to identify the source of a product. This could be a company logo, or certain colors associated with a company’s products. The goal of trademark law is to prevent consumers from being confused as to who is providing the product so that everyone can easily recognize the products of a particular company. Trade secret law is focused on protecting a company’s confidential information, such as customer lists, processes, formulas, or techniques. Trade secret law prohibits people from using or disclosing confidential information for their own benefit without the permission of the original owner. This helps companies protect their confidential information from competitors so they can maintain their competitive edge. In Maine, all three types of intellectual property law (copyright, trademark, and trade secret) are in effect. It is important for businesses to understand the differences between them so they can protect their intellectual property and ensure their creative works, company symbols and logos, and confidential information are not used without their permission.

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