QUESTION
I own a small company and had a logo made by a graphic designer. I have been contacted recently suggesting my logo is in copyright infringement.
Asked on Mar 19th, 2015 on Intellectual Property - Michigan
More details to this question:
There are some similarities in a portion of the design but also additions and changes. The graphic artist I used continues to say he used various inspiration and hand drew the image. The individual is requesting either a royalty or I cease and desist (via an email) selling the branded product and send all branded items to him. I did research and find that the small portion has been copy written. Please advise the best pathway to proceed.
1 ANSWER
Copyright requires more than just similarity, it requires actual copying. The burden is on the copyright own to prove that your designer has aware of the accusor's design. You first question is to ask your designer whether or not he know of the accusor's design. If he did not and the accusor's design is not so well known that the designer would have to have known of it, the accusor has no legitimate case and you should have your designer tell him so. Without seeing the two designs, it would be impossible for me to know whether or not one looks like a copy of the other. If your designer was aware of the accusor's design, you should ask him to re-design your logo without the similar parts and cover your expense in repackaging your product.
Answered on Mar 19th, 2015 at 12:10 PM