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Get Sued

Discussion in 'Legal Issues' started by calisonder, Aug 9, 2007.

  1. #1
    I have a quick question,

    today i had a client approach me and ask if i would design him a logo, i said yes, and he wants the logo to be exactly like the GI Joe logo.

    If i designed his logo based on the GI Joe logo, could whoever owns GI Joe sue me or the owner of the logo, my client?


    comments/advice?
     
    calisonder, Aug 9, 2007 IP
  2. thundercow

    thundercow Well-Known Member

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    #2
    It depends. A copied logo can trigger trademark infringement or copyright infringement.

    But trademark infringement requires that customers seeing the mark would be confused as to the origin of the two products--the similarity of the products *underlying* the marks becomes important. And so, the GI Joe mark is for toys, right? So, if your client sells toys=greater likelihood of confusion. If your client sells something totally different, like hamburgers=must less likelihood of confusion.

    Then, what about the similarity in the actual words--of course that would be important, is the new design "GI Moe"? "Joes Hamburgers"? --those "similar" names would create more of a problem, as you might imagine.

    With trademark law, if the words aren't similar, and the products aren't similar, then that would strongly tend to indicate that you (and your client) will be fine.

    But there's more: you wouldn't be responsible for trademark infringement just for doing the design--only your client would. Of course, you don't want to get your client in trouble.

    Why don't you tell a bit more about the *new* design and I can pin it down a bit better for you. There is a copyright issue too--but if you are using regularly available fonts and the obvious: english language letters (you can't copyright the alphabet, for obvious reasons).

    I wrote a trademark primer thats a pretty good place to start if you want to learn a bit more, it's here
     
    thundercow, Aug 9, 2007 IP
    calisonder likes this.
  3. calisonder

    calisonder Peon

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    #3
    thank you very much for the wisdom

    the client wants the logo to say TI Joe, which sounds similar

    but he is a dog breeder, which is obviously not releated to action figures




    but if the "we" get sued, couldn't the client just play dumb and say that i designed it and it's my fault
     
    calisonder, Aug 9, 2007 IP
  4. AstarothSolutions

    AstarothSolutions Peon

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    #4
    This is where your contract comes into play and you get instructions in written form.

    You should air your concerns to the client and ensure that the contract includes an indemnity clause. Wont stop you being sued but does strengthen your claim of the damages back from the client.
     
    AstarothSolutions, Aug 9, 2007 IP
    calisonder likes this.
  5. henryb

    henryb Member

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    #5
    It is not illegal for an artist to make a copy of a Rembrant's painting. But it is illegal to try to sell it as an original.
    I'd say make him to state clearly in writting what he wants, what will happen after that is his problem.
     
    henryb, Aug 10, 2007 IP
  6. KunkVentures

    KunkVentures Peon

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    #6
    as the creator you are not liable at all. It is not illegal to create any likeness or image, it is only illegal to profit from it. You can draw nike logos on your t-shirts all you want, just can't sell them.

    Your client is the only one at risk.
     
    KunkVentures, Aug 10, 2007 IP
  7. amf-flt

    amf-flt Active Member

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    #7
    Walk away.

    For a logo design where you already know the outcome (you know exactly what the logo is going to look like before you even start), why would you bother putting yourself at risk? You can bet you'll be considered a party to the suit (and there will be one if the cease-and-desist letter that the client gets is ignored) even if you're not the primary target. Do you really need the client that badly that you'd go through this hassle? The fact that you asked here says that you already are aware that you're being asked to do something you're not comfortable with. Why bother?
     
    amf-flt, Aug 11, 2007 IP
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  8. calisonder

    calisonder Peon

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    #8

    but if i "draw" the JI Joe logo, i'd be selling it to him?
     
    calisonder, Aug 12, 2007 IP
  9. chant

    chant Well-Known Member

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    #9
    But if the designer is getting paid for the creation of the logo, isn't that profiting from the design?
     
    chant, Aug 12, 2007 IP