Buena Park, CA asked in Copyright and Trademark for Louisiana

Q: Hi, I’m a designer and I have a client who wants me to make them a logo for their future company. However Cont.

I think the Idea of using elements of an existing trademarked logo from another company may cause them some legal issues if they purse taking elements from another company’s logo

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1 Lawyer Answer
John B. Hudak
John B. Hudak
  • Trademarks Lawyer
  • Milford, CT

A: There would need to be a side by side comparison to know for sure.

Generally, one can commit trademark infringement if there is use of a mark where: (a) the mark is the same as -- or similar to -- another mark; and (b) that use will cause likelihood of confusion to a potential consumer, that both marks are indicating a common source of the goods/services.

In addition to trademark infringement, there is trademark dilution. Under the Trademark Dilution Act 15 U.S.C. 1125(c), if a mark is used which impairs the distinctiveness of a famous mark or harms the reputation of a famous mark, the owner of the famous mark can obtain an injunction to stop the other user from using the mark. This injunction can occur “regardless of the presence or absence of actual or likely confusion, of competition, or of actual economic injury.” 15 U.S.C. 1125(c)

Consider consulting with a trademark attorney to coach you/the company on developing a logo – and other aspects of their intellectual property – to avoid future problems.

This answer includes generalizations and there are many caveats. This answer does not form an attorney client relationship. Consider hiring a lawyer to review the specific facts to your individual situation.

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