Prairie Du Chien, WI asked in Copyright for Wisconsin

Q: How can I report a business with a logo violating a copyright?

Related Topics:
1 Lawyer Answer
Steve Charles Vondran
PREMIUM
Steve Charles Vondran pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Intellectual Property Lawyer
  • San Francisco, CA

A: If you have a REGISTERED copyrighted logo (meaning registered with the United States Copyright Office ("USCO") and someone has copied your logo, you can send them a cease and desist letter and being that they copyright was registered, you would have a right to sue in federal court for either actual or more likely, statutory damages plus see costs and attorney fees. Sometimes logo copy is accidental, sometimes there is a defense of "independent creation" (they had no idea they were copyright you). I will give you an example, I have registered my "V" logo (for Vondran Legal®) and in one of my offices I have had my name placard on the wall with all the other companies that occupy my office space. Then, one day, a new tenant moved in and I'll be darn, they were using my exact image (although in a different business line). But, since I was not concerned about us being competitors, it was a non-issue for me. Also, I doubt they had seen my logo and copied it (but hey, its pretty cool and you never know). Hope this provides some insight. Don't forget, the "small claims copyright" board is opening in July of 2022 (claims up to 30k total). See you at the top! Attorney Steve®

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.