Logo Issue: Too Similar to Another Company

[Cajungaltx]

I had someone on the forum tell me that my logo looked familiar to them and they showed me the 'other' companies logo.

Here is my logo (these aren't the actual colors anymore, but it's the one I had posted to photobucket still so it's the one you get):



This is the one that he thought it reminded him of:



I looked at it, and went, nah, I'm not concerned. The 'camera' aspect of it is similar, and the 'lens' aspect is similar, but I think it looks TOTALLY different to me. But, I thought I'd get more than just 'my' opinion.

Per my little 'how to do business in Texas' book (which I highly recommend, btw) - I have filled out all the paperwork to register my 'mark' for my logo - and don't want to have any issues down the line.

Honestly - I don't WANT to have to go back through the process of creating a NEW logo - I freaking LOVE mine at this point. I want to marry it and have kids with it... but my husband might have issues with it.

But... I don't want to be served by some sheriff because I'm copycatting someone else.

Too similar? Or would you be comfortable with it?

[getndirty]

I'd be fine with it, it looks to me like you're in the business of photography and they're in the business of buying and selling photographic equipment. Where's the similarity?

[dtscds]

I see a similarity but not enough to be a problem for me. I suppose the only real issue is if they decided to make an issue of it. If I were the judge you would be fine.

p.s. If you want me to be the judge, PM me and I'll see if I can get off work that day. You will be responsible for getting me into the courtroom and providing the cool, black robe and white wig...

[Tom]

I am comfortable with that. I think it looks different enough. I would bet that if you looked hard enough, you could find LOTS of photographers that wanted to do the same thing.

[toverman]

If you want legal advice, I'd ask a lawyer.

My opinion is that your answers here so far make good points and sound reasonable. But if you're even a little concerned, I'd ask an expert!

[photojournalist]

I like yours better.

[kenw]

yes, yours IS the better. It's certainly much more creative.

Since you are obviously not violating any copyrights, it will be up to them to pursue the 'similarity' and "confusion" issue, IF they see it that way and I don't think anyone would. They'll have to prove it to a judge. They won't be able to.

1) your lettering creates the form of the camera itself, theirs isn't.
2) the basic camera shape is very different.
3) their lettering is inside and not part of the camera shape;
4) your lettering/text is outside of the camera shape.
5) theirs is a camera shape with text pasted on top, the only thing near creative is the "C"/lens.

I don't see any issues at all.

[mmuhlenkamp]

The idea is about the same, but I think they're different enough. There's a lot of logos out there, some of them are bound to look similar. If it were closer to some big company's logo I'd be concerned (they have money and lawyer's and generally pay for registering their mark).

I recently had to make an "edge" logo (still working on it actually) and one of my first ideas looked really close to "Gillette Edge" so I've let that idea drop.

I think you're okay.

[Cajungaltx]

Originally Posted by dtscds

I see a similarity but not enough to be a problem for me. I suppose the only real issue is if they decided to make an issue of it. If I were the judge you would be fine.

p.s. If you want me to be the judge, PM me and I'll see if I can get off work that day. You will be responsible for getting me into the courtroom and providing the cool, black robe and white wig...

ROFLMAO... I'll see what I can do!

[ChrisO]

They're different enough. I used to compete directly with used camera buyer a couple years ago, they're very laid back.

[JaertX]

I like your logo better, but if it was mine I would change it... they look similar to me.

Anyway, if you do end up getting sued over it, you can rest easy knowing all you have to do is print up a few of the responses here and take them to court with you. :)

[kenw]

if you want similar, look at older AT&T and Minolta logos. those passed all the legal trademark and copyright tests and they were a WHOLE LOT more similar.

[gtakacs]

I fail to see the similarity. I think yours plays great onto the D and B in your name to form a stylized camera. I think you should be fine but I'm no lawyer...

[JaertX]

Originally Posted by kenw

if you want similar, look at older AT&T and Minolta logos. those passed all the legal trademark and copyright tests and they were a WHOLE LOT more similar.

Whoah... no kidding! I've never noticed those before... good point. This linky thing's not working, but it's really worth Googling those two logos and looking.

[cooltouch]

I think you're fine. I have seen a couple of logos that are closer to yours than the UCB one, however. Both were businesses whose initials were "DB" and both used the juxtaposed lower case 'd' and 'b' the way you have done: db. Yes, you have a lens in the middle, which interrupts the form, and which may be enough of a difference. If I were in your position, I wouldn't be concerned.