PressurePros 249 Report post Posted August 11, 2006 Curious as to what legal action one could take to stop a company from plagiarizing their logo. I have come across a company that has taken a logo from one of TGS's members and modified it with their company name. I am not going to air this in public and the owner of the logo has been informed via PM. If he wishes to come forward that is up to him. I am trademarking my RAD logo but if you don't have a trademark what is your recourse? Share this post Link to post Share on other sites
juan 14 Report post Posted August 12, 2006 You cannot do anything unless you copywrite or trademarked... Share this post Link to post Share on other sites
Barry M 73 Report post Posted August 12, 2006 You could punch him in the head. Share this post Link to post Share on other sites
R. Williamson 14 Report post Posted August 12, 2006 Can you say caning?:lgbonk: Share this post Link to post Share on other sites
Don M. 14 Report post Posted August 12, 2006 Why cant you print out the materials, mail them to yourself and put the unopened env. in a safe place. If there is ever a issue, have the judge open the env. with the date stamped on it from the post office. Share this post Link to post Share on other sites
EnviroClean 15 Report post Posted August 12, 2006 Wow I was deleted on this one...imagine.... Share this post Link to post Share on other sites
Beth n Rod 1,279 Report post Posted August 12, 2006 Jason, No.... you were not. Stop trying to stir up trouble where it doesn't exist. Beth Share this post Link to post Share on other sites
Camelot 68 Report post Posted August 12, 2006 Why cant you print out the materials, mail them to yourself and put the unopened env. in a safe place. If there is ever a issue, have the judge open the env. with the date stamped on it from the post office. Don - I like to mess around on the side with creative writing...short stories, etc. This method that you mentioned is actually called a "poor man's copywrite" and from what I understand, it will actually stand up in court. I know some folks that have written amateur novels and mailed them to themselves for this purpose. It just may work... - John Share this post Link to post Share on other sites
TNT Pressure Washing 14 Report post Posted August 12, 2006 I like Barry's idea. LOL Share this post Link to post Share on other sites
Ron Musgraves 240 Report post Posted August 12, 2006 Actually once you create and publish the copy write starts. you own it and you can stop them. its a civil matter and if theres damage you can get paid. Share this post Link to post Share on other sites
PressurePros 249 Report post Posted August 12, 2006 I tend to agree with Ron on this one. Share this post Link to post Share on other sites
grizzley 14 Report post Posted August 12, 2006 I WISH I was a lawyer but I'm not. My take on the issue is that your work is automatically protected by U.S. copyright law from the moment it is created. However, as a business you must file a release (via the copyright office) for anyone that will reproduce that work. For example, a print shop for your business cards, letterhead, etc. If you fail to do that, you have waived your rights to any type of copyright that you had up to that point. I'd assume that if you were the print shop that did the reprints and you didn't have written permission from the copyrighted owner, you could be setting your self up for a lawsuit (if the customer was a bad man!). There are forms for release that are to be used. Ken, you are on track by "just doing it". Once done, it legal. On the other hand, what is it going to cost for you to go after that guy and what money amount will you seek? Lawyer fees + travel to the defendants home state + motels + etc. = $$$$$$ Would a judge award you THAT much money for a logo? (plus the cost to even trademark; which is around $500). Share this post Link to post Share on other sites
PressurePros 249 Report post Posted August 12, 2006 Griz, this is not my scenario but someone else that posts here (with whom I have since spoken). He had already discussed the situation with the other business. As far as trademarking it is costing me over $1,500 to trademark the name and logo for Restore-A-Deck. This is a nationally distributed product and will have good nationwide retail distribution in high end lumber yards and hardware stores by Spring 07. I have more to lose in that arena so I am being sure to dot all the i's and cross the t's. Share this post Link to post Share on other sites
Ron Musgraves 240 Report post Posted August 13, 2006 Trademarks are different than copywrite. trademarks need to be filed. its not cheap but worth it so no copy cats try to use your marketing. Share this post Link to post Share on other sites
grizzley 14 Report post Posted August 13, 2006 Copyrights should be filed also. The cost of a trademark is about $350; I'd guess about the same for a trademark. These prices were straight from the "patent office" so if you choose to use a lawyer, I'm sure they cost allot more since you need to pay the lawyers office as well. Share this post Link to post Share on other sites
RockyMountainMobileWash 14 Report post Posted October 3, 2006 Ken in Colorado it cost me just $125.00 to trademark my Name, and Logo. I enclosed my trademark so you can see what it looks like, I when down to the Secretary of State office and filed it with them. it took less then 20 minute from the time I parked my car till I got back. Well worth it, I design and built my logo my self and I wanted to protect it! Talk to later, Sam Carducci. Trademark.pdf Share this post Link to post Share on other sites
WEW 14 Report post Posted October 3, 2006 It's probably me. The perp. and I corresponded. I'm cool with it. If I was going national or had some other big deal going on it may have been an issue. It's just a character, besides it's nice to have my picture all over the country. Then when people come to the Tampa area they can say. "Hey Mona, ain't that the guy we see all the time around town? You know, that pressure washer guy." "Sure is Harold, why he's just as handsome, cut and buffed just like his picture on that guys trailer!" ISYHTRAH In fact, the guy I got it from said I could use it too. Share this post Link to post Share on other sites
FullBlast 14 Report post Posted October 3, 2006 Why cant you print out the materials, mail them to yourself and put the unopened env. in a safe place. If there is ever a issue, have the judge open the env. with the date stamped on it from the post office. I'm pretty dim on this one. I don't get how this works. Can you detail a lil more how this works???? Share this post Link to post Share on other sites
CCPC 26 Report post Posted October 4, 2006 Trademarks are different than copywrite. trademarks need to be filed. its not cheap but worth it so no copy cats try to use your marketing. That's not exactly true. Once a person creates a name for company and or logo, and begins to use it in commerce, they have a certain level of trademark protection. Not only that, but one may also use the "TM" mark next to there logo once they start using a specific name in commerce. Which is significant in showing others that the name and/or logo are protected and may only be used by the owner too describe there specific products or services. To receive the "R" symbol signifying a registered trademark can only be used after a trademark has been submitted and accepted by the trademark office, which can take as much as several years. I guess the point I'm making is its not completely necessary to register for a trademark to use the "TM" symbol next to a name, or to have protection from others who steel, or use a name that's very similar to yours. It usually will all come down to who can prove that they were using the name first. Share this post Link to post Share on other sites
HotShot 34 Report post Posted October 5, 2006 I still like Barry's idea :D Share this post Link to post Share on other sites
