Website logo copied without permission - legal advice

dirspave

Hi

I found a website that had copied the front page logo from my own business web site and called it their own. Does anyone know if I would have grounds for legal proceedings?

:mad:

tricky D

Invoice them.

Piriz

They are in breach of copyright law. I hope you had your own logo copyright protected, this may be necessary for you to prove ownership of the logo/artwork.. You could still do it if you havn't done so yet. I'd seek legal advice from an IP legal specialist. (IP = Intellectual Property).
Think there is a IP lawfirm in Sandyford, Dublin (i think).

Please post an update to this situation, i'd be interested to hear what happens.
Thanks.

dirspave

Thanks for the reply. Unfortunately I didn't have it copywritten. Would I still have a leg to stand on? Also do you know what's involved with getting stuff like that copywritten?

tricky D

You get copyright automatically upon creation - no registration is required, unlike trademarks. What you have to do is be able to come up with a version which has a 'date created' field which would be prior to their version. As it is on your website, there are also other ways to demonstrate that the logo was in use on your website prior to them using it. WayBackMachine should have many previous versions of your site.

Like I said, invoice them for 'use of original artwork' and add a premium due to them using without permission. Give them 28 days to pay, then send a final invoice saying legal action will be initiated if payment is not recieved within 7 days. Then go to the lawyers.

NoQuarter

You do have it copywritten. Copyright subsists the moment the work is recorded. You probably dont have it trademarked though.

Assuming your logo meets some criteria set out here: http://www.irishstatutebook.ie/2000/en/act/pub/0028/index.html you should have a case.

Definitly go speak to an intellectual property solicitor.

Pines

You have copyright if it's an original artistic work. Original means created without copying another's work and being created with a sufficient (relatively small) amount of skill and labour. As other have said, it's automatic and no registration is required, but you will need to prove copying has occurred. The proof can be circumstantial if there's no direct proof of copying, i.e. on the balance of probabilities is it plausible that they independently recreated your logo.

You could have the logo registered as a trade mark, and even registering it now could be advisable, as you would have rights of prior use against this other person.

There could also be passing off even if the logo is not registered as a trade mark, but this will depend on the facts and on your ability to show you have a reputation and goodwill in the logo.

Your best bet is to talk to a trade mark attorney or a solicitor who specialises in IP law. PM me for recommendations if you're stuck.