Similar Logos - Legal Implications

[mc_blue]

Basically I have come up with a proposal for a logo and it looks similar to another organisation’s. The two companies' logos bear a similarity that is not great but slight. Could the more established company threaten legal action and what would the implications be?

Do you know of any successful cases or examples of companies in the same industry that have similar logos?

Sorry about the sketchy details - many thanks!

[condor]

I'd suggest you go back to the drawing board and think of another logo. Especially since you imply the 2 companies are in similar industries. No legal know-how on my part.

Doesn't take a leap of the imagination though, to have original company with logo saying that their logo influenced yours, and can of worms scenario.

[Simpo Two]

I believe it's called 'passing off'. It may be that if it went to court, they'd present both logos to the jury and say 'Do these look similar to you?' and if the answer was yes, at best you'd have to change it, and at worse get sued for lost business, misrepresentation etc. Then again the other company might just send you a threatening letter, you'd grovel and say very sorry, and all would be well.

Edited by Simpo Two on Sunday 26th August 19:16

[mc_blue]

How about asking the other company in advance? I would've thought that would indemnify against any further action. We are also talking about a tiny company here but I'm quite risk averse so I'll take on the advice provided here.

Thanks.

[AlexB]

Some good suggestions above...

Assuming that the industries are similar...

The problems you might come across could be Passing Off, which protects unregistered trade marks, or Registered Trade Mark Infringement if their mark is registered.

If you were to lose in court then injunctions against further use, damages, costs etc are all potential remedies for the other side.

It is probably not worth settling on a logo until you have checked with the other side for their consent (which, of course, they may not give) as the cost of re-branding are also quite high.

Basically you are taking a risk that could cost a lot to sort in the long run and could cause a lot of stress....if the logo isn't set in stone already it's probably best to change it.

Alex

[mc_blue]

Sent a letter to the organisation concerned - got a reply a week later stating that there was no problem at all. I'm very happy and thanks for the advice.