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   Logo- concept intellecutal property?
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   Author  Topic: Logo- concept intellecutal property?  (Read 626 times)
Tami Meyer
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Logo- concept intellecutal property?
« on: Nov 23rd, 2005, 9:47am »
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My husband (a graphic designer) created a logo for my business.   The date he scanned in his artwork was 8/20/05.  He did his research  in my particular industry and didn't find anything similar.  My  business went live 10/1/05.
 
This morning I found another business in my industry with a VERY  similar logo.  The artwork is a different style but the the concept  is exactly the same.
 
My husband believes the concept is our intellectual property within  this industry.  Can someone confirm this for me and direct me to the  law regarding this?  If we are correct I prepared to hire an attorney  to send a cease and desist letter to this company.
« Last Edit: Dec 27th, 2005, 2:50pm by Forum Admin » IP Logged
Isaac
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Re: Logo- concept intellecutal property?
« Reply #1 on: Nov 24th, 2005, 2:21am »
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Your logo appears to operate as a trademark.  I am assuming because you did not mention it that your logo is not federally registered and that the competitor's mark is also unregistered.
 
 
Such trademarks are applicable only in the geographic area in which they are used in commerce.  So a first question is whether the two marks are even in conflict.
 
Another issue is that trademarks are protectable only against a likelihood of confusion in the marketplace.   The fact that two marks have some similar elements is one factor weighing in favor of a finding of confusion, but it is not the whole story.
 
I would not venture an off the cuff opinion as to whether there is a likelihood of confusion between the two marks.   But I doubt that you can prevent all uses of a wet or dyed sheep from being used as trademarks by your competitors.
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Isaac
JSonnabend
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Re: Logo- concept intellecutal property?
« Reply #2 on: Nov 28th, 2005, 8:28am »
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In a nutshell, your husband is wrong.  There is no protection for the "concept" of a sheep taking a bath in dye, regardless of how clever that concept is.  Unless the other site's logo is either: (a) a copy of your logo (not a copy of the concept, but the depiction itself); or (b) confusingly similar to your logo, the other site hasn't done anything legally improper.
 
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
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