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When does a similar logo infringe trademark law?

On Behalf of | Sep 26, 2018 | Intellectual Property

As the owner of a business, your logo and visual brand will be a valuable asset for you. It is likely that your customers have positive associations with your visual brand and the logo that you have is important for customer loyalty.

When a company in a similar industry or location creates a logo with a striking resemblance to your copyright, it will be a cause for concern. It is likely that you will be worried that the company is intentionally doing this is an attempt to gain some of your market share, or that the loyalty to your brand will be diluted or confused because of the similar visuals.

You have a right to be concerned if you believe that a company has infringed your trademark or copyright. If you are not sure whether the imitation is enough to constitute a copyright or trademark infringement in the state of New York, it is important that you take the time to read more about the law so that you can be empowered to take action.

What protections do copyrights and trademarks have?

If you have a copyright or trademark, this means that you are protected from other parties being able to legally recreate your protected work in part or in full. Trademarks can give you the right to take legal action against anyone who uses part of your logo or company phrase, even if they have not repurposed the logo in its entirety.

A line must be drawn between what is similar to and what is considered an infringement of a trademark. For example, the use of blue in a logo would likely not be enough to constitute a trademark lawsuit, depending on the circumstances. However, if the same key shapes, phrases or words are used in a logo and it is enough to invoke a striking similarity, it is likely that a lawsuit could be filed.

It is important to understand the importance of protecting your business when it comes to enforcing trademark infringements. Imitative visual branding can have a significant detrimental effect on businesses in the state of New York.