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It is widely accepted that some designs may be entitled to both
copyright protection (as original, creative expressions of an idea)
and trademark protection (as indicators of the source of a product
or service).
Brand owners can benefit from exercising both copyright and
trademark rights in such property. However, they should be mindful
of potential conflict when commissioning a design from an outside
designer. A potential unintended consequence is bifurcated
ownership where the original copyright in the design is held by a
party that can re-claim its rights long after the copyright was