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I would send them a bill for stealing your logo!
You have intellectual property rights over your original artwork as long as you can prove when it was first created.
Either he gave them the design which they simply reproduced, in which case he is in breach, or they 'designed' it for him and just copied yours and they are in breach. I can't imagine it was the printers as it would be an absolutely moronic thing to do for a professional company who would know it was wrong and would come back to bite them.
If it was them it should be easy to get something from them but Its up to you how to proceed if it was indeed him who created the artwork.
Hi robbie i have noticed your text format of the grass design is readily available on photoshop so wouldn't they have the copyright to the design ?
A friend did the design for me a number of years ago copied from an photo shop tutsplustutorial
Do I move on from this and get a redesign and copyright it, or do I have rights to my current image as the above is clearly a rip from the Premier Lawns image that is known in the local area to be me?
I bought the royality free images from Istock and added them to my image.
Technically you dont own the image its the same as buying a logo from vistaprint many companies have the same image so i would say have a designer redesign your particular design so its unique then if someone copies it then you have a case again copyright as such ? Im not sure how the legal side works so you would have to consult a legal professional on that side ?
the picture I found below on google taken from a photoshop site see how similar it is ?
I understand you being slightly irritated but at the end of the day, does it really matter? I'm pretty sure most people won't care or be influenced by the fact that the "Lawns" logo is the same. So you copywrite the logo...... all he has to do is remove or move the butterfly, change the font slightly etc and its not the same logo even if it looks the same to the usual, casual observer.
He has clearly copied and pasted the image into his flyer, made no effort to change it at all.
Trouble is Geoff, I'm established and he is flyering / advertising the towns where I operate.
I obviously use that branding, on my website, FBpage, Van, all my advertising and clothes ect.
In effect he is trading on my name that i have taken the trouble to build up.
Geoff Norfolk said:
Didn't realise how much you were connected to the logo....I can see your point then Robbie...... still, he's agreed to change things so should all work out ok.
Robbie @ PremierLawnsni said:
* describe your goods or services or any characteristics of them e.g. "Cornish Clotted Cream" for cream;
* have become customary in your line of trade e.g. "China Garden" for Chinese restaurant services;
are not distinctive e.g. "The Cheese Company" for cheese;
* are three dimensional shapes, if the shape is typical of the goods you are interested in (or part of them), has a function or adds value to the goods e.g. the shape of an egg for eggs;
are specially protected emblems e.g. "The Red Cross";
* are offensive e.g. marks containing taboo words or pornographic images;
are against the law, for example, promoting illegal drugs e.g. "White Dove"; or;
* are deceptive. There should be nothing in the mark which would lead the public to think that your goods and services have a quality which they do not e.g. use of the word "Organic" on goods which are not organic.
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