Logo Copyright Infringement

[MaxS]

Hello,

I was just informed by my graphic designer that a business in Sweden has clearly ripped my company's logo.

I've sent out many Cease and Desists in my time, but I've never had someone rip off an image.

Can I send the standard letter?

I may just contact my lawyer. It will be somewhat costly to have him take action, but I can't stand this blatant thievery.

:flare:

Thanks

[Chris]

Very costly. If it was domestic, okay maybe, but international, you really don't want to go the lawsuit route I think, not unless you know the infringer has deep pockets and you're 100% sure you'll win.

[Shyflower]

Cease and desist should be your first step, but if they don't comply contact their web host.

However, keep in mind that logos can't be copyright. They are signs and come under trademark laws. Not sure if Sweden recognizes those or not.

[MaxS]

Thanks for the help.

I sent a C&D. We'll see what happens.

[bermuda]

Hi, of course it makes one feel angry and bad but not that problematic you know. If they were copying your web contents, and then copied your logo and were involved in the same web business, that was really severe, but logos are images. Your website address is more important.

[MaxS]

That doesn't make it excusable. I most probably will pursue legal action, assuming I don't get a response from the datacenter/business.

[Nerpolllder]

Thank you*informed me.

[morkal]

Logos and Copyright
Logos are designs that identify a brand, a company or a product to the public. A company or an individual can register a logo with the U.S. Copyright Office and protect it from use by someone else. A name alone can't be copyrighted, nor can a word, phrase or idea. Copyright law requires that the logo to show "authorship," meaning original elements that indicate a minimal level of creativity on the part of the designer.free cell phone tracker online (http://mobilenumbertrackr.com/Mobile-Number-Tracer.aspx) A trademark can also protect your logo.

Public Domain Elements
If you create a logo that is similar to another design, you may be violating the owner's copyright. If another individual or business has registered the copyright and brings a lawsuit, a judge would base his decision on "substantial similarity" and the "observer test." These are standards, used by many courts in copyright cases, determine whether an ordinary observer would overlook any minor differences between the works and regard them as the same. Using elements of the original logo that are unoriginal or not able to be copyrighted -- such as letters, numbers, names, words, typefaces, or familiar shapes like crosses, shields, and pyramids -- would not, by itself, represent a violation of copyright.

Authorship and Logos
If you copy an original arrangement of public domain elements, you might also be crossing the copyright-violation line. The court can determine that the arrangement is unique and displays "authorship" by the original designer. Simply replacing the text in a copyrighted design with words or abbreviations of your own -- and duplicating the designed elements and colors -- also represents a violation of copyright. Professional sports teams, fast-food chains and coffee shop franchises have all brought suit to protect their logos from would-be copiers who use the designs to promote their own products.

Judgments and Damages
Federal law provides for statutory damages up to $150,000 for each infringement of a copyright. A copyright violation does not necessarily mean an award to the plaintiff at the end of a lawsuit, however. If the violator can show that he has not profited from the copying, or that he did not willfully violate copyright, then the court won't award statutory damages. However,taraporewala aquarium mumbai timings (http://mumbailocaltraintimetable.net/Taraporewala-Aquarium.aspx) the court can enforce copyright law with a protective order, impound business records and any materials that use the logo, as well as award actual damages that the plaintiff can prove he suffered through the violation.