Help please with possible logo infringement

Original Post:

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Witchwood

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Sep 24, 2021
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  • #1
    One of my existing customers alerted me to a new company, selling their version the exact same product as myself, and using a logo very similar to mine. They did a double take as initially thought it was mine! My logo is trademarked. The logo of this new company does have some differences, (facing the opposite way) but the concept is exactly the same, Upon a bit of investigation the owner of the new company has in fact bought my product before and has obviously taken 'inspiration' from my logo. How similar does a logo have to be before I can take action? Many thanks
     
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    Mark T Jones

    Mark T Jones

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    Nov 4, 2015
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  • #2
    With limited Information, my initial thought would be to pursue them for 'passing off', which is likely to be less technical than copyright infringement

    You will undoubtedly need proper legal advice, but a simple 'cease and desist' letter might get acresult, or at least get them to show their hand
     
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    Witchwood

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    Sep 24, 2021
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  • #3
    Mark T Jones said:
    With limited Information, my initial thought would be to pursue them for 'passing off', which is likely to be less technical than copyright infringement

    You will undoubtedly need proper legal advice, but a simple 'cease and desist' letter might get acresult, or at least get them to show their hand
    Click to expand...
    Yes. That was my thoughts too. Rather than going down a possible expensive legal journey. My initial thought was to email them myself first and ask them to re think. The product is to do with goats, and my logo is a goat with the writing in the middle. Theirs is also a goat (reversed) with the writing in the middle too. Very different company names but our goats look very similar and the style of writing used is similar. If not a direct a copy it is defiantly inspired by my logo!
     
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    fisicx

    fisicx

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  • #4
    Do they sell the same products as you?

    pay a lawyer to write a cease and desist letter. Don’t send an email, don’t make any sort of contact. Just send the letter to be signed for?
     
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    Witchwood

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    Sep 24, 2021
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  • #5
    fisicx said:
    Do they sell the same products as you?

    pay a lawyer to write a cease and desist letter. Don’t send an email, don’t make any sort of contact. Just send the letter to be signed for?
    Click to expand...
    Yes. They make the exact same product as us. It is their version of the product though and their ingredients are the same. Looking at their website they have even copied the layout etc, but changed some of the words for their own eg I have used 'luxuriously creamy' and they have used 'luxuriously foamy' We use 'natural loveliness' and they use 'natural goodness' but all in the same context. The more I look at it the more similarities there are and so I think this may be a legal job.
     
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    fisicx

    fisicx

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  • #6
    Get a lawyer to write the cease and desist letter. That can be in the post today.

    Contact their host and tell them they are hosting a site that is passing off and legal action has been taken.

    While this is going on, take screenshots of their site.
     
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    M

    MRQ

  • #7
    Witchwood said:
    The more I look at it the more similarities there are and so I think this may be a legal job.
    Click to expand...

    I assume your own logo is original, and you have some sort of audit trail for it... i.e. documentation/exchanges with the graphics person who drew it up. - you might have less of a copyright case if it's based on any kind of clipart; though the trademark issue might make that moot, depending on how solid it is.

    Very definitely follow fisick advice and have your lawyer send the letter... As Mark says; it's difficult without seeing the allegedly infringing site - but by the sounds of it you may have copyright infringement, passing off and trademark infringement.

    Take screenshots and preserve them - but if you can, also save the pages; if you're saying the layout is almost the same, it may well be they've directly copied your code (which, if original, is also protected). - Perhaps one of the web designed people here would be kind enough to take a quick look.

    Every original layer - original element - of your site, including the copy, benefits from protection under Copyright. - Basically, the greater the number of points of infringement you can identify, the better.
     
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