I've got a serious question to ask. A guy contacted me the other day with a business name of Unreel Adventures. He is currently using this logo, stolen from a designer. The gentleman contacted me and wanted do the right thing (which I appreciate) by buying the rights to this Logo and changing the 'fishwear' to 'Adventures' after he found out he had been lied to. My Question is do you think this is too close to this design? http://logopond.com/gallery/detail/21110 Your opinions are appreciated.
Mike at first I thought you were just doing another version for the same client! The resemblance is close enough for copyrights infringement. I suggest that you find out who the infringing designer is from the guy. Then contact this designer with a letter or email stating your ownership of the logo and that you feel he/she have infringed copyrights and that you wish to seek damages. Make sure you put 'WITHOUT PREJUDICE.' on the top of this email or letter. This is so to protect your ass if they try to counter claim that you are threatening them. On the letter, say that according to copyrights law, you have sufficient grounds to seek compensation because you have evidence that he/she has profited from your work. Say that you wish to settle this via a non prejudice mediation between the two of you to negotiate a deal. Also state that if he/she does not respond on or before a specific date, you will seek further legal advice for litigation.
From here on, its just whether that designer will succumb to pressure and is willing to negotiate. Whether you want to take it to the next step and get legal representation is entirely up to you. If you are fortunate enough to get something out of it, notify the guy who bought the infringing logo and tell him to do the same thing and email that designer and ask for a refund on a logo he cannot use.
And if all that goes smoothly, you then decide on what price to sell this logo to this guy minus the compensation you received from the infringing designer and get the guy to pay the balance.
Anyway, that's what I would do if that happened to me. Stealing the design and profiting from it is just not on. Gotta teach these people a lesson.
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Lets Discuss
I've got a serious question to ask. A guy contacted me the other day with a business name of Unreel Adventures. He is currently using this logo, stolen from a designer. The gentleman contacted me and wanted do the right thing (which I appreciate) by buying the rights to this Logo and changing the 'fishwear' to 'Adventures' after he found out he had been lied to. My Question is do you think this is too close to this design? http://logopond.com/gallery/detail/21110 Your opinions are appreciated.
ReplyBy the way, he's been using this logo on much of marketing.
ReplyYeah I agree, I wouldn't be able to distinguish between the two.
ReplyThanks, David and Nathan. That was my General consesus too. It's a bummer for the victims here.
ReplyConsensus!
ReplyMike at first I thought you were just doing another version for the same client! The resemblance is close enough for copyrights infringement. I suggest that you find out who the infringing designer is from the guy. Then contact this designer with a letter or email stating your ownership of the logo and that you feel he/she have infringed copyrights and that you wish to seek damages. Make sure you put 'WITHOUT PREJUDICE.' on the top of this email or letter. This is so to protect your ass if they try to counter claim that you are threatening them. On the letter, say that according to copyrights law, you have sufficient grounds to seek compensation because you have evidence that he/she has profited from your work. Say that you wish to settle this via a non prejudice mediation between the two of you to negotiate a deal. Also state that if he/she does not respond on or before a specific date, you will seek further legal advice for litigation.
ReplyFrom here on, its just whether that designer will succumb to pressure and is willing to negotiate. Whether you want to take it to the next step and get legal representation is entirely up to you. If you are fortunate enough to get something out of it, notify the guy who bought the infringing logo and tell him to do the same thing and email that designer and ask for a refund on a logo he cannot use.
And if all that goes smoothly, you then decide on what price to sell this logo to this guy minus the compensation you received from the infringing designer and get the guy to pay the balance.
Anyway, that's what I would do if that happened to me. Stealing the design and profiting from it is just not on. Gotta teach these people a lesson.
Thanks Chan my Man :)
ReplyYeah, sorry for the bad news, Mike. Definitely a little too close. Hopefully that guy will go after the designer who is at fault. Sorry man.
ReplyThanks Oc, yeah it sucks for the Honest victim too. At least he contacted me and tried to do the right ting. Hopefully we can find a solution.
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