posted
At our local lumberyard office, they have a big corkboard with business cards. I was looking it over, and saw a card of a logo I designed. Then I realized it wasn't the one I designed, but looked almost EXACTLY like it. I contacted my client whom I designed the logo for, and he says that he gets a lot of business from his logo recognition, and doesn't want a similar one out there. Is the copied version close enough legally to take action, and if so, how should I or my client proceed? (The top version is my original.) Thanks for the help.
-------------------- Chris O'Brien Cape Cod, MA Posts: 183 | From: Cape Cod MA | Registered: Jan 2005
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My guess would be no. I can see how someone could easily have designed the other without ever seeing yours and it isn't that there is any really defining features about either logo, that would make it particularily unique. What if you found out the other one was designed first? If someone copied they did a crappy job of it because your's is nicer.
[ June 02, 2008, 12:51 PM: Message edited by: Kelly Thorson ]
-------------------- “Did you ever stop to think, and forget to start again?” -Winnie the Pooh & A.A. Milne
Kelly Thorson Kel-T-Grafix 801 Main St. Holdfast, SK S0G 2H0 ktg@sasktel.net Posts: 5496 | From: Penzance, Saskatchewan | Registered: May 2002
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As I see it its your customer's problem. You let him know... let HIM take it from there if he wishes.
While its a nice design for a business card or sign its hardly a logo in my mind. The new fella shouldn't have copied it either. Take legal action... I wouldn't bother.
We had a local fellow who copied many things including brochures and business card design from us. Rather than get all in a knot about it I simply did a rework of our image, distancing ourselves from him in a hurry. It took me a while to get over it personally, but life is much too short to fight - especially for the time it would take to win something like this in court - if you could. Only the lawyers really win.
You have much more important things to worry about - like when's supper??
My perspective from Yarrow...
-grampa dan
-------------------- Dan Sawatzky Imagination Corporation Yarrow, British Columbia dan@imaginationcorporation.com http://www.imaginationcorporation.com
Being a grampa is one of the the most wonderful things in the world!!! Posts: 8738 | From: Yarrow, B.C. Canada | Registered: Nov 1998
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Yea, what if they were first? In any case I doubt you'd win a coyright design fight with such a common looking design.(Not that it isn't nice just not that unique). Your client could try a letter to them, maybe they'll see a benefit to changing it. Or maybe you client should step up his design, keep it the same basic idea but add some 3D or texture to make it more prominent.
[ June 02, 2008, 02:18 PM: Message edited by: Bill Lynch ]
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I had a challenge like this long ago. They used the same name I was using and operated right across the street.. Mine was registered with the state as well. OF course I tried to do something about it. In the end it was determined that they were not in a like business and could use what they wanted.
End of story
-------------------- Leaper of Tall buildings.. If you find my posts divisive or otherwise snarky please ignore them. If you do not know how then PM me about it and I will demonstrate. Posts: 5273 | From: Im a nowhere man | Registered: Jul 2001
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It's definitely a knock off; same Copperplate font in the black panel, same red and black, same top part of the red panel. I think it's probably close enough to get a lawyer to fire off a nastygram. Since he is in the same business, I think it is obvious that he's trying to capitalize on the other man's logo. I think there are enough elements there that it's clear that he knocked it off in a blatant attempt to dupe his competitors customers.
-------------------- Ricky Jackson Signs Now 614 Russell Parkway Warner Robins, GA (478) 923-7722 signpimp50@hotmail.com
"If I have seen further it is by standing on the shoulders of giants." Sir Issac Newton Posts: 3528 | From: Warner Robins, GA | Registered: Oct 2004
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I agree that it's not really worth a fight... but I agree with everything Ricky said as well... so if I had a lawyer friend I could get to copy a nastygram on to his own letterhead... I'd write the letter & provide the stamp. That's about how much time I could see investing though (& that's is I was L. Enos Jr. himself... not if I was his sign guy)
posted
It's clearly a swipe of the design. There are too many similarities to think that it's purely an accident.
The fact that it's in the same basic industry makes me think they could pursue it legally. But, as others have said, it may not be worth taking to court.
My mind wanders. And that's not a good thing, 'cause it's too small to be out there alone. Posts: 3129 | From: Tooele, UT | Registered: Mar 2005
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Thanks for the opinions. I have contacted my client to make him aware of the other card, and thats as far as I plan on going. I just wanted to be able to make an informed recommendation to him regarding whether or not he had grounds to pursue it further if he so desired. The last thing I want to do is get involved with lawyers over it!
-------------------- Chris O'Brien Cape Cod, MA Posts: 183 | From: Cape Cod MA | Registered: Jan 2005
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Um... not to sound stupid, but how is that copying a logo?
Its not like a McDonald's 'M' or Pepsi ball thingie or Nike swoosh... its just some panels and lettering.
Does that mean if someone uses an existing layout on a sign cd and puts lettering in it, that no-one else can ever use that layout? I mean, seriously??
I hate the idea of someone copying someone else's stuff in direct competition... but how many of us have paged through SignCraft, saw a REALLY cool design layout... and modified it to work with something that we were doing?
How really different is that, besides intent?
Not to be mean or anything, but that just seems like a fairly basic, sorta common layout. I can't imagine no-one has ever done anything like it before, or will ever again.
Sorry!
-------------------- Dana Ferry St Cloud, MN Posts: 1556 | From: St Cloud, MN | Registered: May 1999
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before you start signing suit papers and running off to judge judy, this is going to be a waste of your time. they did take some panels and bars but no logo. this is best to be left alone. unless you like wasting lots of money with no guarantee.
i would just forget it
-------------------- You ever notice how easily accessible people are when they are requiring your services but once they get invoice you can't reach them anymore
posted
How many times do any of us get a customer who brings a design and tells you, "I really like this layout/design, can you make me up something like this?"
I would say it's inspired, but not stolen from your design. The panels are reworked and most of the fonts are different.
-------------------- David Thompson Pro-Line Graphics Martinsville, NJ
I'm not this dumb, it's just the paint fumes talkin' Posts: 396 | From: Martinsville, NJ | Registered: Oct 2001
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Layouts of common letter styles can not be copyrighted. Were they drawn by hand and obviously unique to the artist, it would be a different story.
-------------------- "If I share all my wisdom I won't have any left for myself."
Mike Pipes stickerpimp.com Lake Havasu, AZ mike@stickerpimp.com Posts: 8746 | From: Lake Havasu, AZ USA | Registered: Jun 2000
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