Copyright issues?

[cliff123]

Hi, we've got an idea for a product and service, however the ideal name and branding would be a plagiarism on a major brand (who provides a similar service but on a much much bigger network). Obviously the name is not the same, but you'd know that the idea came from the original company. (Sorry I cant say more but I'd be giving the game away). Even if, as the name is different we can use that, would there be a problem using similar brand colours, and if we just change the colours a little bit, will that be enough to avoid a legal trouble? Finally, any advice on where or how we can confirm that we wont be getting into trouble before we do it? Thanks in advance

[Andrew Noakes]

If you have a similar name and similar colour scheme you will probably be vulnerable to accusations of 'passing off' - trying to make your brand look sufficiently like another, better-known brand that customers come to you thinking you are that bigger brand.

Don't try launching a new car company called Frod with a blue oval badge...

[cliff123]

Totally agree Andrew, however, playing on the other brand identity will explain what our product and service is without us having to explain. Also we would only benefit from the other brands well known service. To our customers and due to the name difference it will be very obvious how and why we are different.

[PetrolTed]

This is trademark law rather than copyright. Copyright applies to specific items of text. Trade marks are the words, designs and colours that identify a company.

Check out the patent office website. Many companies will even trademark their colours to prevent usage of them by other companies in the same field.

[caro]

Andrew is right: as well as possible trademark infringement as mentioned by Ted, there is the possibility of "passing off" - if the other company can show customers deal with you thinking you are them, they can get an injunction and attack the money you make on the "deception". But it will depend on how similar the trading style etc is - if you have cause for concern you should get legal advice before launching.

[cliff123]

Thanks. We're not trying to hi-jack another companies business. The business name will be quite different, but we we're just considering playing with the colour theme of a major player in this market so that customers instantly know what the product is. We are not trying to deceive anyone, as we would like this to be a trouble free successful business. Cheers.

[caro]

Cliff, I didn't mean to imply you intended anything, just wanted to show you what a large company will claim if bringing a passing off case They do guard their identities very carefully, so check out the trademark protection they have registered, be aware of the passing off argument,and good luck.