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Need Logo help (legal)



 
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Old September 2nd, 2008 Sep 2, 2008 7:19:17 PM -   #1 (permalink)
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Default Need Logo help (legal)

I think I have an issue. We had a graphic designer create a graphic for us. I started checking out some other companies and I appears that part of our logo has a part of a well know companies logo. No letters or words, just a graphic. I am assuming this is illegal. ANy help?
 
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Old September 2nd, 2008 Sep 2, 2008 7:41:01 PM -   #2 (permalink)
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Default Re: Need Logo help (legal)

You'll get a bunch of replies telling you to consult an attorney but your gut instinct is probably correct and I would just spend the money having the logo changed rather than hiring an attorney to confirm what you already know. If it looks similar to you then it will probably look similar to everyone and could prompt legal action from the other company to prevent confusion in the marketplace.
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Old September 2nd, 2008 Sep 2, 2008 7:43:51 PM -   #3 (permalink)
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Default Re: Need Logo help (legal)

If your art resembles the art of another company you may want to change it anyway.
despite any legal issues.
 
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Old September 2nd, 2008 Sep 2, 2008 10:04:43 PM -   #4 (permalink)
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Default Re: Need Logo help (legal)

I agree, it would be easier to change the logo and most likely cheaper than a attorney too. .... JB
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Old September 4th, 2008 Sep 4, 2008 10:13:46 PM -   #5 (permalink)
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Default Re: Need Logo help (legal)

Rick's advice is spot on.

There can be a lot to the legal/illegal question, but sometimes it's better to just sidestep it and start again (for financial and creative reasons, as wickedprints also brings up).
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Old September 5th, 2008 Sep 5, 2008 5:37:29 AM -   #6 (permalink)
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Default Re: Need Logo help (legal)

Yep, I agree. We have her working on a new logo now. Thanks
 
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Old September 10th, 2008 Sep 10, 2008 11:33:47 AM -   #7 (permalink)
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Default Re: Need Logo help (legal)

My next question is, if we are paying her to create our logo and designs, do we need to have a contract agreement so I can trademark(logo) and copyright(designs)?
 
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Old September 10th, 2008 Sep 10, 2008 12:06:40 PM -   #8 (permalink)
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Default Re: Need Logo help (legal)

Quote:
Originally Posted by KOV
My next question is, if we are paying her to create our logo and designs, do we need to have a contract agreement so I can trademark(logo) and copyright(designs)?
You need to have a contract with the designer saying "it is work for hire." You also want in the contract that something such as: designer assigns all intellectual property rights, including copyrights, to client of all works under this agreement, etc."
 
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Old September 10th, 2008 Sep 10, 2008 12:21:02 PM -   #9 (permalink)
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Default Re: Need Logo help (legal)

does anyone have a sample contract or one they use?
 
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