Trademark Law Episode 11: Overlapping Rights Between Trademark and Copyright Law

In this episode, we explore the intricate relationship between trademark and copyright law as presented in The Cambridge Handbook of International and Comparative Trademark Law. We examine how both regimes can apply simultaneously to certain works—such as logos, characters, packaging designs, and creative branding materials—providing layers of protection for intellectual property. While trademark law focuses on brand identity and consumer perception, copyright law protects the creative expression of ideas. We discuss practical examples and prominent cases where both rights converge, such as brand mascots or iconic logos, and examine how courts navigate conflicts when copyright-protected content is repurposed in ways that might infringe on trademark. This episode sheds light on the strategic use of overlapping rights, emphasizing the strengths and challenges of dual protection in international markets.