So I recently hired someone on Fiverr to create me a logo, and the end result was perfect. However, after showing it to a few friends for feedback, someone mentioned that as there was a vector that resembled a controller, that it could lead to potential lawsuits. My logo is for a video game related website, and the vector in question is similar to an Xbox 360 controller. There are some differences in it, but at a glimpse, it resembles the Xbox 360 controller quite a lot. Bearing in mind it is a vector image, and not a picture of the actual controller. Would I still be allowed to keep it in my logo, or is it worth removing. Could it lead to any potential lawsuits against me if i left it in? Edit The logo in question is:
Personally, I wouldn't really worry about it. While it clearly looks like an xbox controller, it could be argued that it's not exactly an xbox controller. After all, microsoft isn't the only one that makes them... not that any of that really matters lol. Unless the image is pulled from a source not for distribution, I don't see it being an issue. At a second glance, might be best for you to consider changing that green "x". I'd need to see a better image, but the "x" or "likeness" is likely trademarked. Would I personally worry? Probably not.
Well the X really does give an impression of the Xbox (the original) controller. I am making the assumption it was created by hand, as I outsourced the image creation. I know there are differences to the Xbox controllers, such as the red and blue button colours being switched, but I'd rather not be facing a worry further down the line. What really concerned me was the fact that it can be recognised easily as an Xbox controller. I know there are a lot of vectors out there for the specific consoles, but I just want to protect my own back on this. Thank you for your input on this. I am tempted to crop the controller off for now, just to be on the safe side, it's just I don't want it to look too plain.
How I look at it, the xbox controller design must not be trademarked, considering there are competitors who create nearly identical ones. The only cause for concern I see is the "X". I would just open it up in photoshop or some other editor, erase, tweak it, etc. Personally, I would use it how it is, and not worry about it all that much. Of course, I'm not 100% sure what your site will entail (more blog driven vs. business driven). I can't image you would be sent straight to court for something like this lol.
The trouble with this type of thing is that if an "eager beaver" lawyer on the Xbox copyright team sees this logo, s/he will initiate proceedings against you. Yes, you might be able to win it in court, ultimately, due to the details that have already been mentioned, but it is not a guarantee. The standard involves the potential for brand confusion not an exact duplicate. Most businesses, even if doing well in the marketplace, will end up changing their logo if a massive corporation like MS comes after them. It is not worth the legal and other costs. I have seen it happen time and again. Note that one of the worst things that can happen in this regard is for the lawyer to not find you immediately, but maybe 3-5 years into your business' life at which point you will have spent a lot of money promoting your brand and logo and will have literature, letterhead, products, etc. all emblazoned with the logo. Changing it then will be much more painful. My suggestions is that you re-do the logo so that it does not become an issue.
I've taken the precaution and just cropped the controller off, and used the rest of the logo. For profile pictures on things, I have just used the GC from the logo to create a smaller logo too. Thank you all for your advice. I'd rather be safe than sorry