2. Distinguish from copyright protection

Copyrights are not "goods" under Lanham Act, therefore the defendants' failure to identify the copyright owner as the contributor of ideas to a copyrighted film is barred from constituting false designation of origin of goods. The violation could only be actionable via copyright laws. Carroll v. Kahn, 2003 U.S. Dist. LEXIS 17902 (N.D.N.Y Oct. 9, 2003) at p. 17, USPQ 2d 1357.

The copyright holder had not accused its competitors of taking tangible copies of its software, removing its trademarks, and then selling the products as its own, therefore the grant of summary judgment by the district court was proper. The holder asserted that its competitors copied ideas, concepts, structures, and sequences of the copyrighted work. This is not actionable under the Lanham Act. General Universal Systems v. Lee (2004) 379 F.3d 131, 148-149, 71 USPQ 2d 1769.

 
1. Distinguish from patent protection
3. Trademark-infringement elements