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Ruhl

Partial Logo, trademark infringement?

3 posts in this topic

I have designed a T-shirt print that uses a Company's Partial Log. I used a basic font that is spaced so each letter touches the adjacent letter. Attached is their design and mine that I put on T-shirts to sell. Is this a trademark infringement? I can not find their logo with the Registered Trademark sign.

beta-motorcycles.png

Beta Embroider 7.png

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Trademarks are established by use of the mark in commerce, not by registration. Thus, even if the mark is not registered the company may still enforce its rights in the trademark. Your logo is so close to the one the company uses that I have little doubt that you’d lose if the company came after you for infringement.

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15 hours ago, Ruhl said:

Is this a trademark infringement?

 

Of course it is.  Your profiting (or attempting to profit) off of someone else's name.  While the logos and typeset are not very similar, you've appropriated the company name with a picture of the company's product.  Not only is it trademark infringement, it's misappropriation and, if you're in California (where the company is based), it's a violation of a whole host of sections of the Business & Professions Code, including section 17200.  Out of curiosity, did you post your question because you received a cease and desist letter?

 

Also, posting the company's logo (which identifies the company) and your infringing logo, along with a statement admitting what you've done, on a public forum was beyond foolish.

 

 

15 hours ago, Ruhl said:

I can not find their logo with the Registered Trademark sign.

 

So what?

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