daniedb Posted August 3, 2006 Share Posted August 3, 2006 I just discovered that another business is using part of my logo as the same part of theirs - the border around my logo was my own design, and I recently found another person that is using the border I designed, but reversed 180 degrees with their name in the middle. I'm looking for an idea about what kind of wording I need to use to ask that person to change the logo. I'm not really interested in calling my attorney, I'm hoping that calling it to the person's attention will solve the problem, and my request will alert them to the issue, so I'm looking for a more informal kind of letter. Anyone have suggestions? Link to comment Share on other sites More sharing options...
Grumpy Girl Posted August 3, 2006 Share Posted August 3, 2006 Did you try just emailing them and asking them to remove it?I don't see the need for fancy wording. "Remove my design from your page NOW!" should do it. Link to comment Share on other sites More sharing options...
daniedb Posted August 3, 2006 Author Share Posted August 3, 2006 I'm working on my first email, and since I have a relationship (albeit only online and not particularly close) with this person, I don't want to get all nasty. I'm hoping that they will simply remove it with the first email, but I want to make sure I'm clear, without being offensive. I have a few paragraphs written, but I'm vacillating between "You better remove that sh!t now or I'll blast you all over the 'Net" and "Would you please pretty please mind changing your eerily similar logo?" Just wondered if there was sort of a template for an initial contact for this sort of thing. I guess your statement is pretty clear, LOL! I just hate this part of being in business. :/ Link to comment Share on other sites More sharing options...
Grumpy Girl Posted August 3, 2006 Share Posted August 3, 2006 I understand your concerns, but think of it this way... it's pretty cut and dry with no grey area. Then again, I'm really not shy when it comes to protecting what's mine. Link to comment Share on other sites More sharing options...
Sara Posted August 3, 2006 Share Posted August 3, 2006 I saw your other post about it... was wondering if you emailed yet. Sometimes people just don't know. Might be a simple situation that could be remedied with quick email. Link to comment Share on other sites More sharing options...
Bev Posted August 3, 2006 Share Posted August 3, 2006 Is your design trademarked? Link to comment Share on other sites More sharing options...
Michi Posted August 3, 2006 Share Posted August 3, 2006 My first instinct would be something along Grumpy's line but I think if you come off sounding more professional and legal it might "scare" them into losing your logo. Link to comment Share on other sites More sharing options...
daniedb Posted August 3, 2006 Author Share Posted August 3, 2006 It's not TM, but it's been copyrighted for a few years.I put on my big girl undies and sent an email. Polite but professional, I hope. Link to comment Share on other sites More sharing options...
Michi Posted August 3, 2006 Share Posted August 3, 2006 Soooo, what did you say??? Link to comment Share on other sites More sharing options...
SunshineSundries Posted August 3, 2006 Share Posted August 3, 2006 yes - what did you say? I hope they remove it... bad blood can get so messy sometimes... I just don't understand why they used it in the first place if they knew it was yours - especially without asking your permission first...You can also look at it this way - copying is the highest form of flattery... I know it don't cut it but at least you can know in your heart that you are doing *something* right if they are willing to copy it... it's atleast something possitive to get out of this negative situation... Life & Light!Tish Link to comment Share on other sites More sharing options...
daniedb Posted August 3, 2006 Author Share Posted August 3, 2006 Well, I would cut and paste the email I sent, but I think it has too much identifying information in the body - this person is indentifiable here, and I would hate to cause a problem for that person's business if this is all a simple misunderstanding. I tried to cut out the parts that might reveal the person's identity, but there's basically not much left. Here's the massacred email:Dear X,[Explanation about how I found the site]. When I visited your website, I was surprised to see that your logo was almost exactly the same as the one I designed, developed and have been using for over two years for my business Henry & Co. It appears that the border around your business name is identical to mine, but reversed 180 degrees. As a [identifying information removed], I'm sure that you can understand the time and energy it takes to develop something that you love, and the copyrighting issues that can stem from that. I have copyrighted all the material on my websites and on my labels since 2004, and I have worked hard to design an image that is unique and representative of my brand. I must ask that you redesign your logo, now that you have been informed of the copyright issues that are at stake, and if you have any questions or concerns, feel free to contact me. Thank you in advance for your cooperation and help, and again, [identifying information removed]!My contact details here Link to comment Share on other sites More sharing options...
pamperme Posted August 3, 2006 Share Posted August 3, 2006 that sounded very professional....why don't people understand about copyright..they think they can just take what they want..and dont even ask.. I had an issue with a wholesale account and pictures on my site..they pretty much Demanded me..to let them use MY pics for their site..I said no they needed to take pics for their own use..and they did not buy from me..OH WELL Link to comment Share on other sites More sharing options...
SunshineSundries Posted August 3, 2006 Share Posted August 3, 2006 Friendly and to the point... I think you did a great job. You didn't come off like some big jerk (atleast in the part that was copied here) and I hope they see that and decide to redesign... I hope they realize what a battle they are up against if they don't... copyrights are a messy business even more so when you are the one "infringing"...Life & Light!Tish Link to comment Share on other sites More sharing options...
Fire and Ice Posted August 3, 2006 Share Posted August 3, 2006 Are you talking about Bizzy B? Yes. I saw where you brought it up on the thread about the boarder. I'm sure is was Just an honest mistake may on your website you should explain that your label design is copyrighted. That would certainly help. Link to comment Share on other sites More sharing options...
Bev Posted August 3, 2006 Share Posted August 3, 2006 I'm sure is was Just an honest mistake may on your website you should explain that your label design is copyrighted. That would certainly help.I agree that you should put the copyright symbol by your design. That would certainly prevent a mistake like this from happening again. Link to comment Share on other sites More sharing options...
daniedb Posted August 3, 2006 Author Share Posted August 3, 2006 I have the copyright symbol on all my web pages, which covers everything on the site, including text and pictures. Regardless, even if it weren't protected, ethically, it's just not the cool thing to do. Link to comment Share on other sites More sharing options...
eugenia Posted August 3, 2006 Share Posted August 3, 2006 Danie, I am stymied here. I am familiar with your site and have long admired it. The new copy regarding your new addition is awesome. If I typed my company name, drew a rectangular border and faded bits of the line on the border, would I be copying you and infringing on your copyright? I really am not seeing the whole picture or the big deal.e Link to comment Share on other sites More sharing options...
daniedb Posted August 3, 2006 Author Share Posted August 3, 2006 Oh e, not at all. Of course not. I don't want to post the logo in question, but I think if I posted it, it would be more obvious side by side. If someone is going to go for that faded border look, thats fine. Not much I can do about it. But it's quite obvious that my logo was copied from the internet, flipped around 180 degrees and the new name was put where mine is. To come up with your own version is not something I can fuss about, nor would I. But to just take mine, turn it around and use it as your own, to me, is unacceptable. Fade your own border if you like it so much, but don't take what took me hours upon hours to get exactly right and flip it and use it. I would be terribly flattered should someone come up with their own interpretation of a logo like mine, with their own twist, but this isn't someone's interpretation, it's just a flat out copy and paste. Link to comment Share on other sites More sharing options...
sudsnwicks Posted August 3, 2006 Share Posted August 3, 2006 There is a side by side of the two logos in this thread:http://www.candletech.com/forums/showthread.php?t=29146They do look very similar, for even the font looks the same.Daniedb, I'm assuming yours was created earlier, right? Link to comment Share on other sites More sharing options...
eugenia Posted August 3, 2006 Share Posted August 3, 2006 Thanks for clearing that up; makes sense now. I thought you were referring to the "concept."e Link to comment Share on other sites More sharing options...
daniedb Posted August 3, 2006 Author Share Posted August 3, 2006 sudsnwicks - I have no earthly idea when the other logo was designed, but I do know that I designed mine myself, without seeing anything remotely similar before, using a simple editing program and solely my creativity and knowing what I wanted it to look like. That was in early 2004, and like I said, I've been using it since then. E - not a problem, I'm all about the clarity, LOL! Nah, I know I have no claim on the concept, it's all the rage, and if I started getting pissed about that, I'd have to sue EVERYBODY, right?! LOL! Link to comment Share on other sites More sharing options...
Sweet68cam Posted August 3, 2006 Share Posted August 3, 2006 I can see the resemblence in them for sure. I also could have sworn that I have seen 2 other logos on this site that look very very very similar made by the same person for 2 different people, one was recent the other kinda old but very close in design and upon looking for them to compare I noticed more that were similar maybe had the same graphic elements but in my opinion if I am paying for something from some one I would expect an original logo that does not even have the same graphics as someone else's..not trying to start anything just stating my opinion on it. Hope that you get this worked out. Link to comment Share on other sites More sharing options...
eugenia Posted August 3, 2006 Share Posted August 3, 2006 I personally find it very disturbing that one who markets themselves as a web logo and banner designer should suffer from such a lack of creativity. Danie, I am relieved that you were not the one to post the site in question; to do so before giving her a chance to respond would have been disheartening, to say this least, out of respect for a fellow board member. e Link to comment Share on other sites More sharing options...
daniedb Posted August 3, 2006 Author Share Posted August 3, 2006 Thank you, e...in fact, it was my intention to keep her identity private if and until there was a need to make it public, which I don't know what that would have taken. However, I did post in another post about it, which did identify her, and so I take responsibility for doing so, but as only two people responded to it, I assumed that only two people cataloged it, and those two people are ones that I know are not drama-seeking people. Therefore, I did not realize that it would be easily connected, or I probably would have just avoided posting about it.As I mentioned, I'm hoping that there will be a quick, easy resolution and perhaps even an explanation that will redeem the situation and if so, I will certainly share that with whomever cares to know - I would be very disappointed should anyone's reputation suffer needlessly from something easily expained. I'm checking out for the day - have a great night, everyone. Link to comment Share on other sites More sharing options...
sockmonkey Posted August 4, 2006 Share Posted August 4, 2006 That's very surprising, since she posts here and does logos for other members, and gets lots of raves for them.I will say this for anyone not familiar with graphics software...there are programs out there that can put various gradients on your designs with minimal effort on the operators part--simply scroll your mouse to get highlights where you want them, etc. Do you think it could be in any way possible that it could have happened here. It does appear to me that it was reversed as you say because each area highlighted in your box is in the exact same place on hers, except that it's reversed of course. But honestly, I don't consider a box around text that crucial to your logo or hers. I understand completely where you're coming from, but I truly don't think that the box is that unique and identifiable as a branding issue. Shame on her if she has indeed attempted to steal your work. Link to comment Share on other sites More sharing options...
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