Re: Re: Who has to?? Designer or Client

Subject: Re: Re: Re: Who has to?? Designer or Client

Comments:
: : : I would like to know who's responsibility is it to check whether a logo is already in use an trademarked by another company? : : : If I design a logo for a client, and the client pays for the design - then they later find out that another company is using a similar logo can I (the designer) be at fault? : : : Is it the clients job legally to pay for a search of the logo? : : : How does this work ? Any ideas?? : : : Thank you... : : : : I think the fact that you have to ask this question is enough evidence that you need to reconsider the contracts that you use with your clients. : : The answer to your question is - what does the contract say? Did this come up? You might want to put something in the contract which states that the client is responsible for conducting a trademark search. This is an issue which is easily solved by dealing with it before it comes up. : : Whether you can currently be at fault is not clear. There are two many variables for one to make a determination. Unless of course you took the other logo and said, "Hey, I am gonna reproduce this and sell it to my client!" I doubt that you did such a thing. Accordingly, there is no straight answer. : : Lesson learned: In the future, make sure that in your contract you make it clear that the client is responsible for clearing the logo and for any and all trademark searching and legal opinion letters necessary for such clearance. : : Jamel Oeser-Sweat : : Attorney At Law : : Copyrights * Trademarks * Patents : : 26 East 105th Street : : New York, New York 10029 : : Phone: (212) 696-6587 : : Email: attorney@jamelsweat.com : : Internet: http://www.jamelsweat.com : All the facts have to be understood. For instance, is there likely confustion between the marks? Is there copyrighted artwork in the logo. If there is a copyright involved was a statutory notice posted. If the trademark is involved was there an "r" in a cirle used? Is there a liklihood of confustion? : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 3008 Johnson Ave., New York, NY 10463 : 7185430266, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive™ : Reality Check®

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