Legal Question in Intellectual Property in California

Re: trademarks & copyrights

They are two different things. It is not like you have to choose - either something is a trademark or it is copyrightable.

I suppose one could argue that copyrights provide more worldwide protection under the Berne Convention, while trademarks are limited in geographical scope, but the fair use defense is broader under copyrights, so a skilled attorney could argue both ways.

Not that anyone with a JD would have fun with such an argument, even at a cocktail party. Like I said, they are two different things. Not comparable.