Great article by Fish & Richardson PC for the IP Section of the California State Bar on September 18, 2015 addressing situations where it behooves brand owners to not only seek trademark registration but also copyright registration. The most notable advantages to seeking copyright protection of a design mark include a less stringent test to find infringement (likelihood of confusion v. substantial similarity), statutory damages awards and attorneys' fees, as well as heightened protection against grey-market goods and protection abroad.