"Logo Conflict - Are We In Trouble?"

[Anonymous]

Hey there, Myself and a partner have set up a business called letstalk Property. The concept is to replicate a real life networking event thats dedicated to property... Online!

This is a link to our logo http://www.letstalk-property.com/logo1.gif

In our searches, we found this http://www.lets-talk.co.uk

These guys produce a magazine for Pentioners so we're in a different market to say the least as we're aiming at property professionals and investors etc.

I got in touch with them, send our logo and explained our situation and asked if it was ok to be using the logo even though they were similar.

The response from management was "We don't want you using the name or the logo"

In response to that we've put it in writing and sent it to the Managing Director of the magazine and he's bringing it up at a board meeting this coming wednesday.

My question is that if they come back and say no we've talked about it and we don't want you using the logo. (which we've falled in love with) If we go ahead and use it anyway, what implications are we likely to face? Theyre based in Suffolk and Norfolk and we're based in Brighton (about 3 hours away)

Anyone with ideas? Any guidance would be tremendous.

regards

Adam

 

[bwglaw]

Adam

In short, you will not be infringing any trademark or copyright. Both logo's are in my opinion very different other than they both mention 'Let's talk'. The company you referred to does not appear to have registered 'let's talk' as a trademark.

You should continue to trade and do not worry about it. However, you should consider registering your business name/logo as a trademark. To do this I recommend Philip at Crossguard who is also an active member here.

I trust the above helps.


Jonathan

 

[VeryMark]

With respect to Jonathan, it's not quite as simple as he says, since it's a question of not just the logo but also the name. There are also various trade mark registrations consisting of or incorporating the words "Let's Talk", and infringement is decided on the basis of confusing similarity, not just whether something is identical.

However, if the other people are in a completely different business, there may well not be a problem, although in that case, why did you approach them? - If they still say no and you ignore that, they may now pursue an objection whereas you might not have had a problem otherwise.

 

[bwglaw]

I understand where you are coming from Philip, which is why I said

The company you referred to does not appear to have registered 'let's talk' as a trademark.

- I did not go far enough to mention that the phrase "Lets Talk" may be registered by someone else. Hence referring to you.

 

[VeryMark]

The referral is appreciated, Jonathan - we will refer any disability matters to you likewise!

 

[bwglaw]

Employment too Phil

 

[VeryMark]

Yep, employment law is a shark-infested minefield too!

 

[DarrenC]

Adam, listen to the advice of both Jonathan and Phillip, who are in my opinion experts in their fields.