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logo trouble?
- Thread starter WOODBS
- Start date
Gino
Premium Subscriber
All the logo has is similar colors. Even if there is a lawsuit, what is their case? Oh, he has colors that are close to ours? OR He can't use Green and Yellow because we use green and yellow.
You: "It's not the same green and yellow, look at the color output percentages!"
Them: "It looks close enough so we want money!"
C'mon... are you kidding me ??
Circleville Signs
New Member
Best post in the thread. You may not get into legal trouble for copyright infringement, but if there are any design police in your neck of the woods, you'll get locked away for life.
digitalwoodshop
New Member
Learned to drive on a Deere... The color is a acquired taste....
AL
AL
StopSignGraphics
New Member
Unless John Deere has figured out away to copyright rectangle shapes and the colors green and yellow I think you are ok.
The elements that are similar in the designs are too generic, in my opinion, to be able to copyright.
The design police on the other hand maybe a real issue for you.
The elements that are similar in the designs are too generic, in my opinion, to be able to copyright.
The design police on the other hand maybe a real issue for you.
Ken
New Member
Yes
I would do it..I would also have the client sign a waiver...
"This artwork has been provided by the client and any resemblance to...is the responsiblity of the client"
Or something like that...
So.. you could have the client "sign off" on what you did for them..and also release you from any obligation for future use...their problem...
Cheers!
Ken
I would do it..I would also have the client sign a waiver...
"This artwork has been provided by the client and any resemblance to...is the responsiblity of the client"
Or something like that...
So.. you could have the client "sign off" on what you did for them..and also release you from any obligation for future use...their problem...
Cheers!
Ken
G-Artist
New Member
Ask any lawyer???
Ask a judge. I have and walked.
A HHA is no sure-fire get out of jail card. But it is a business necessity. And any lawyer will tell you that, if they have an inkling about IP law or contract law.
HHA's are part and parcel of everyday contract law. Not only in our industry but in landlord/tenant as well as employer/employee law. They have a purpose and a well-recognized base in the law.
First thing, unless your client is totally without scruples or is an outright crook, is that the potential client will think about what they are doing and who they are doing it with. It shows you are not a dummy like the competition down the street who will print anything for anybody - no questions asked. Don't ask, don't tell doesn't fly in our industry. When they ask what the form is you tell them that the average legal fee for a simple IP matter is roughly $25k and that is what they should be expected to pay for your defense costs at a minimum should someone sue over use of the provided art.
A well-written HHA has the client SWEARING (per state law for oaths) that they either own the IP right(s) or license the IP right(s) to the graphic(s). Since they swore under oath (more or less) why should you bear the burden or costs for their transgressions? That's what is all about. Show a copy to the court and you should be dismissed from any suit unless some wise-guy lawyer can show some sort of conspiracy between you both. That is if you employ one with each and every customer and not just those who seem "shady."
When or if you should get named in a suit your counsel will attach a copy of the HHA along with the motion to dismiss. Your proof to the court that you have ZERO intent to violate anyone's IP rights. I do not know of any other way in which to do that, do you? Does your corporate counsel? If so, share the wealth with the rest of us.
It all goes to mens rea. What was the intent? My intent is to stay out of other folks' legal hassles.
I am an old guy. I don't watch TV as I can't hear it well. I don't know all the new cartoon characters or the brands of of crap being peddled. Hard for me to convince a jury made up of young folks to middle-agers who are bombarded with that stuff daily (assuming they have kids). They see it, why don't I(?) is what they are thinking. In other words, I am lying on the stand (for not knowing/being ignorant).
If HHA's have no value then why do some business insurance underwriters give/allow a discount for their use?
Face it, are we expected to be like these folks?
http://swns.com/photo-processing-row-as-boots-refuse-to-hand-back-prints-311018.html
I hope not. I do not want that to be my world. I am not a copyright cop nor do I play one on TV.
Without a HHA your two choices are to refuse any job with provided art that cannot be 1000% verified or to print anything for anyone and PRAY.
Good luck staying in business that way.
Ask a judge. I have and walked.
A HHA is no sure-fire get out of jail card. But it is a business necessity. And any lawyer will tell you that, if they have an inkling about IP law or contract law.
HHA's are part and parcel of everyday contract law. Not only in our industry but in landlord/tenant as well as employer/employee law. They have a purpose and a well-recognized base in the law.
First thing, unless your client is totally without scruples or is an outright crook, is that the potential client will think about what they are doing and who they are doing it with. It shows you are not a dummy like the competition down the street who will print anything for anybody - no questions asked. Don't ask, don't tell doesn't fly in our industry. When they ask what the form is you tell them that the average legal fee for a simple IP matter is roughly $25k and that is what they should be expected to pay for your defense costs at a minimum should someone sue over use of the provided art.
A well-written HHA has the client SWEARING (per state law for oaths) that they either own the IP right(s) or license the IP right(s) to the graphic(s). Since they swore under oath (more or less) why should you bear the burden or costs for their transgressions? That's what is all about. Show a copy to the court and you should be dismissed from any suit unless some wise-guy lawyer can show some sort of conspiracy between you both. That is if you employ one with each and every customer and not just those who seem "shady."
When or if you should get named in a suit your counsel will attach a copy of the HHA along with the motion to dismiss. Your proof to the court that you have ZERO intent to violate anyone's IP rights. I do not know of any other way in which to do that, do you? Does your corporate counsel? If so, share the wealth with the rest of us.
It all goes to mens rea. What was the intent? My intent is to stay out of other folks' legal hassles.
I am an old guy. I don't watch TV as I can't hear it well. I don't know all the new cartoon characters or the brands of of crap being peddled. Hard for me to convince a jury made up of young folks to middle-agers who are bombarded with that stuff daily (assuming they have kids). They see it, why don't I(?) is what they are thinking. In other words, I am lying on the stand (for not knowing/being ignorant).
If HHA's have no value then why do some business insurance underwriters give/allow a discount for their use?
Face it, are we expected to be like these folks?
http://swns.com/photo-processing-row-as-boots-refuse-to-hand-back-prints-311018.html
I hope not. I do not want that to be my world. I am not a copyright cop nor do I play one on TV.
Without a HHA your two choices are to refuse any job with provided art that cannot be 1000% verified or to print anything for anyone and PRAY.
Good luck staying in business that way.
ActualGrafix
New Member
Yes. I am playing a HUGE prank and everyone is in on it! We got you good! John Deere doesn't own colors and it's not the same shape. With the logic you are going with, i could draw a yellow square, trademark it, sue anyone that uses a yellow triangle. One of the main functions of a trademark is to prevent consumer confusion. He clearly isn't doing that.
weaselboogie
New Member
Anytime I see a business trying to copy the likeness of any other business it just appears to me that the business has zero originality. All the ironwood fonts in an array of Maltese crosses, a HD crest knockoff, any collection of initials in the shape of a chopper just tells me that the owner cannot come up with something himself/herself and has taken the lazy way out. It may be far enough from the original for legal purposes, but we all know what you're trying to pull.
If the image has zero originality, I would expect the same from your business.
If the image has zero originality, I would expect the same from your business.
ActualGrafix
New Member
I would agree to try something else on the logo because it just isn't very visually appealing. Start from scratch.
Monsterkidz
New Member
No form in the world can save that logo. haha.