Intellectual Property

GingeG

Ok,
Can anyone tell me what is the deal with logos?

I am fuming here!!!!!:mad: :mad: :mad: :mad:

If a logo is different but has similiar qualities to someone elses whats the legal position?

I really need some advice here, imagine if you will that someone has a logo, then someone else produces a logo that is similiar but also different. I know I am being vague sorry, imagine its 180 degrees facing the orher way and also a different shape but of a similiar type concept whats the score??

Thanks if anyo:T ne answers my mad raving

Torby

it sounds like a different logo....I reckon the courts usually find in favour of who registered it first, who used it first, who is the biggest company, who has most money....and if its an established logo....is anyone trying to pass themselves off....to be realistic, if you had the best logo in the world....an British Airways have just spent 2million on a new one....and they look similar....I think they may probably win the court case.....samd idea as if you were a Scottish burger salesman called McDonnell and your logo involved a big blu and white M....I think you may be in diffs....really need to see the logos to make a call....don't forget some logos are trademarkks....eg the big golden M or the dynamic curve of the coke bottle.....If yours was first and it can be proven that yours was designed AND in use first...you may have a stronger case....you may as well post the logos so people can look and make up their own minds....at this stage the worst that can happen would be someone else stealing it?

GingeG

Basically we have designed a new logo.

When we searched around to make sure we were not blatantly ripping anyone off we came across 3 similiar type logos so we contacted all of them with a sample of ours and asked if they wished to comment.

2 were cool 1 is saying that there is no way they would allow us to use it. I just wanted to know if there is a legal defence for us using it. Never mind back to the drawing board.

Anyone know any good logo designers?? In Scotland hehe

Easymoney

Unless it is registered or copyright there is nothing they can do.

Astaroth

Everything is automatically copyrighted there is no need to "register" it - doing this however does make it easier to prove that you own the copyright rather than the other parties.

IP law is fairly complicated and it will not just be how similar the logo is but also how similar the company is, if they operate in the same market etc.... so if you are a photographer based in Glasgow doing local portraits and an Indian Tea company says your logo is too similar there is less likely to be a case than if the others were also photographers that cover the whole of scotland.

If you are concerned that your (potential) customers could confuse their company as being (associated with) yours then I would suggest contacting an IP solicitor - most will give you an initial consultation free of charge and should give a yay or nay on if you are likely to have a case.

http://www.crossguard.info/

The above company are an IP specialist firm of solicitors who are very active on the UK Business Forums and both have a fair amount of free info on their site and if you put a post on the other forums they will probably give you an initial idea of both if you have a case and cost for fighting it.

GingeG

Cheers Astaroth