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Our Trademarked Logo

Discussion in 'Copyright, Trademark, Patent Law' started by Shaboobala, Jan 11, 2018.

  1. Shaboobala

    Shaboobala Law Topic Starter New Member

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    https://s13.postimg.org/5ygdffokn/Untitled252.png

    We've recently trademarked our name and logo, obviously the other logo has no permission from myself (the copyright owner) to use it, is it similar enough still to get them to stop using it or should should I get our logo changed on the Trademark to have no name+background or something?

    Normally I would call and ask our lawyer who helped file it but I'm going to be busy tomorrow and they won't be open on the weekend. (unless nobody replies by Monday then I'll just call them up).
     
    Last edited: Jan 11, 2018
  2. zddoodah

    zddoodah Well-Known Member

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    No, you didn't. Why do I say that? Because "trademark" is not properly used as a verb. What I suspect you intended to say is that you registered a trademark (either with the U.S. Patent & Trademark Office or the secretary of state in your unidentified state or both).

    Huh?

    Again, huh? If you think someone else is using a mark that infringes your mark, then speak with your lawyer about sending a cease and desist letter and, if that does't work, filing a lawsuit.

    If (as this implies), you want to make a decision about what I assume is an important -- but not urgent -- legal matter based on input from anonymous strangers on the internet, solely because you won't hear back from your lawyer for four days, that's not a good sign. Send your lawyer an e-mail and ask that he/she call you on Monday (or Tuesday, since Monday is a national holiday) to discuss.
     
    hrforme likes this.
  3. Shaboobala

    Shaboobala Law Topic Starter New Member

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    Yes Registered.

    "Huh" view the image. You can see it's pretty much the same as ours, I'm just asking your opinion about the matter since it's so similar to ours (which is the one with blue globe).
     
  4. army judge

    army judge Super Moderator

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    You live in Ontario, Canada.

    This website focuses on US laws.

    I suppose you'll be calling YOUR attorney on Monday, as stated in your post.
     
  5. Shaboobala

    Shaboobala Law Topic Starter New Member

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    the trademarked is registered in the US as seen here
     
  6. mightymoose

    mightymoose Well-Known Member

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    I'm just curious.... How did you create your logo? Is it original artwork?
    Do you know how long the other image has been in use?
    Is the other business similar to yours?
     
  7. mightymoose

    mightymoose Well-Known Member

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    I did just one search and found the image in a few places around the Internet. One image appears to predate your trademark filing by 10 years according to the date on the image.
    I'm not sure how relevant that is, but it does seem the image has been around awhile and may have been altered and used by many people.

    As above, I agree your first step is a cease and desist letter. Your second step depends on the response to the first.
     
  8. Shaboobala

    Shaboobala Law Topic Starter New Member

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    I had the logo created in 2014 by an artist, he has since sent myself an email signed giving myself all rights to the copyright. Yes I've seen other places using this logo too, the one I've brought in question is in the USA compared to the other ones I've found.
     
  9. zddoodah

    zddoodah Well-Known Member

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    I'm not clicking on your link because I don't know that it's safe to do so. It would be better to embed the picture(s) in your post. In any event, my opinion is ultimately irrelevant since you'll be speaking with your own attorney who presumably knows all the relevant facts and circumstances.

    This is highly relevant. Trademark rights arise from use, not registration. Also, ownership of the copyright has nothing to do with trademark rights.
     
    army judge likes this.
  10. army judge

    army judge Super Moderator

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    I don't know you, dude.
    I'm not being rude.
    I'm not a prude.
    I practice safe browsing in the internet hood.
    I wanna keep my laptop workin' good.
     
  11. Shaboobala

    Shaboobala Law Topic Starter New Member

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  12. Shaboobala

    Shaboobala Law Topic Starter New Member

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  13. Shaboobala

    Shaboobala Law Topic Starter New Member

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    I think you should be able to see it now

    as13.postimg.org_5ygdffokn_Untitled252.png

    as13.postimg.org_7akac0a47_uws_TM.png
     
  14. zddoodah

    zddoodah Well-Known Member

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    Ok...those are confusingly similar, but that's not the only consideration in a trademark infringement analysis.
     
  15. army judge

    army judge Super Moderator

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    You would serve yourself best by consulting with a lawyer before proceeding with any plans you may have made.

    I've seen people sued for far less.

    Those two are strikingly similar.
     
  16. Michael M. Wechsler

    Michael M. Wechsler Administrator Staff Member

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    Good questions.

    If you spot someone you believe is using your trademark, you should and must consider policing it. If you don't police it then there is a chance that you may not be afforded the protection you seek.

    Your issue seems to involve both copyright and trademark. The second mark seems to have used your drawing to create his and it seems obvious given how many points of similarity they are. It's easy to use photoshop to remove what the center and change the lettering.

    A cease and desist letter might be enough to solve the problem. Your attorney can advise but there is strategy sometimes involved in when to act, e.g. damages being an issue.

    A thought to consider - you claim to have had the artwork commissioned. I'm not doubting you at all. I've seen times where an artist has been "inspired" by another work and essentially copied someone else's work to the point of possibly leaving you with a problem in the event that person obtained there work from someone whose work predates yours. I have seen this happen with artists and web developers from various international locations. Best of luck.
     

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