Re:Banksy's Fake Store Is an Attempt to Abuse Trademark Law ...
by cookie_monsta on Sunday October 27, 2019 @04:29AM
(#21368485)
The way that I understand it, a trademark can be registered to a CPL (UK equivalent to an LLC) but copyright, if registered, has to go to a person. Although I believe that some states in the US allow anonymous copyright via LLC.
I am far from being a lawyer, but this makes sense to me - a trademark is designed to be associated with a brand, copyright is designed to designate a person/group as something's creator.
Re:Banksy's Fake Store Is an Attempt to Abuse Trademark Law ...
by arrrg on Sunday October 27, 2019 @07:16AM
(#21369042)
But I thought you don’t have to register copyright? I thought you just had it automatically as soon as you make something?
Re:Banksy's Fake Store Is an Attempt to Abuse Trademark Law ...
by em-bee on Sunday October 27, 2019 @08:36AM
(#21369331)
it's not registering copyright that is the problem, but claiming a copyright violation that requires revealing of his identity, because in order to make the claim you have to prove that you have legal standing to do so.
Why can't he use copyright? I didn't quite follow this line of thinking in the original article as well. As far as I understand it copyright per se is automatic (nowadays), so you don't have to file for it. So this doesn't prevent him from staying anonymous.
Tradmarks on the other hand have to be registered. How does he hide his anonymity in this case?
Now enforcing his rights is a completely different matter. He certainly can't hide his name from the courts then and it might even become public. But in this case there is no difference between a copyright lawsuit and a trademark lawsuit.