Possibly because of this, Congress and the courts have tried to ensure that copyrights cover different subject matter. Protection is weaker than that afforded by either patents or copyrights because rights are not infringed if competitors copy publicly available works. Yet, secrecy is sometimes an important option. In the case of, e.g., manufacturing processes, patent infringement may be impossible to detect and secrecy is not only possible but also apt to be preferred. Rather, it allows firms sometimes to take action to prevent others from providing false and misleading information to consumers.
Accurate information makes competition possible.
Thus, what I refer to as the second major branch of IP enables firms to force imitators to compete on the merits . Trademark law is the best known component. Rights in a good trademark generally arise automatically upon first commercial use and have potentially unlimited duration. Although federal registration confers advantages, marks need not be registered to stop others from using similar marks when consumers may be deceived as to source or sponsorship of goods or services, i.e., from free riding on another firm's goodwill. Trademarks are of no value in protecting work products, but firms that treat consumers well find their goodwill justifiably to command higher prices.