[thelist] Logo Design (infringement) help requested

Lisa Sinervo lisa-list at threadneedlest.com
Fri Jun 27 23:17:04 CDT 2003


Belinda, unintentional similarities among business names and logos is more
common than you think once you start looking for them.  I worked in
Satellite communications for quite sometime and the ICO service had a
satellite access node control center in the same building I worked in.  The
ICO section had a huge poster with its logo in the hall, see www.ico.com and
for months it just niggled at me that the logo looked very familiar to me
and one day, when serendipitously a female co-worker had a Cosmopolitan
magazine with her, it all clicked.  Sure enough, the ICO logo was nearly
with spitting image of the logo for Whisper Sanitary Napkins. (see
http://www.evesindia.com/health/features/whisperrelaunch.html ) with the
small exception that there was a small appendage between the legs of the ICO
logo which looked remarkable like a penis.  Both logos even used primary
colours.

No doubt the ICO company did not "steal" the Whisper Sanitary Napkin Logo,
in fact, much to my pleasure, the ICO management was mortified when I
pointed this out.  After that though, I noticed that the a stick figure
jumping in front of a world was found in a number of other logos to,
including diet frozen dinners.

Neither the company name, positivechanges, nor the triangular shaped logo
are all that original.  Both companies are dealing with products or services
that promote "alternative" (although really mainstream these days) natural
healing products/services involving changes for the better. The
mind/body/spirit element is present in both these companies and is often
symbolized by a triangle the swirly bits are in logo award design books
everywhere.  It's in fashion.

While it may not be in the best interest of either company to share such
similarities, it would hardly be a case of theft, unless it actually was,
but it is quite likely that it was not. Merely great minds thinking alike,
or perhaps, common minds coming up with the same fairly unoriginal, but
meaningfully symbolic idea.  I'd tell that to the lawyer and also where he
could jump and call in a mediator.  Basically, it's not your problem.

My 2 cents.

Lisa Sinervo



----- Original Message -----
From: "Belinda Johnson" <belinda at prodsol.net>
To: <thelist at lists.evolt.org>
Sent: Friday, June 27, 2003 7:52 PM
Subject: [thelist] Logo Design (infringement) help requested


> Hi List -
>
> I as contacted this afternoon by the CEO of a company who believes that a
> site that is hosted on one of my servers has stolen their logo design and
> Business name, and is letting me know I'll be hearing from his lawyers.
>
> The facts:
>
> I am the host, an independent designer designed the site, for a client
(who
> was the one who established his business name and then contracted her to
> build the website. (The first thing I mentioned in my email response to
him
> was that  I was surprised he bypassed the owner of the offending company
and
> the webmaster of the site, both of whom were listed in contact information
> on the index page of the website, and went straight to the host)
>
> The designer - I KNOW did not copy their logo - but I have to admit the
> similarity is a little scary (ok - a lot) - but honestly - there is not
> another human being on the face of this earth that I trust more than this
> designer - and throughout the design process, even though I wasn't
directly
> involved - we usually run things by each other in the process, and I
> remember looking at the image files as she was creating them (BY HAND -
> that's the ONLY WAY we create logos or web graphics) - and of course she
has
> all those in process files on her computer, and I have the corresponding
> emails where we tossed ideas back and forth. TRULY - I know I have never
> looked at the other website until tonight - and she doesn't think she did
> but can't be sure (she's beating herself up as well trying to second guess
> how it could possibly have ended up so similar)
>
> The business owner - I don't have any idea if he researched his business
> name and/or what methods he used - believe me we are trying to get ahold
of
> him tonight as well to get this all figured out, and I copied both of them
> on my response to the CEO who emailed me.
>
> PositiveChanges.com is the site who says they have copied their name and
> logo. www.positivechanges.com
>
> PositiveChanges.biz is the site that is hosted on my server. (Although we
> have in good faith complied with their request to remove the site from the
> web pending further discussion - erring on the side of caution I requested
> they do this immediately - but please view the original homepage & logo at
> www.positivechanges.biz/indexoriginal.html
>
> His email to me: "Your client has not only appropriated our name, they
have
> copied our logo.  You and they will be hearing from our lawyers, but, in
the
> meantime, we would ask that you immediately take the site down before any
> further damage is done to our copyrights."
>
> Any advice or suggestions?
>
> Belinda
>
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