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    Logo, copyrights and DMCA

    I had someone create a logo for my small business in Fiverr a few months back. Now someone reached out to me and saying there is a part(a letter) of my logo has his copyrighted logo. Unfortunately it is the same as what he claims. I obliged his request and changed the logo so it doesnt look exactly like it. He is still not satisfied and wants me to take it down or pay him money.

     

    Where does DMCA act draw the line? Lets says within my company logo (name), i used Apple company's logo as one of the letter. They say it violates their logo. And I change it to a different applet (a full apple instead of a bitten one). Does that still violate the copyright act? I have 10 letters in my company name with a font. There is one letter (O) that looks like his. Rest all has nothing to do with that single logo. Can he send me a notice that the modified logo is close to what he claims he owns?Thanks in advance

    1 REPLY 1
    Super User III Super User III
    Super User III
    Solution

    Re: Logo, copyrights and DMCA

    Generally a company's logo would be protected by trademark, meaning it can't be used outside of referencing that company.  So you wouldn't be able to use Apple's logo as part of your own without their permission, but it has been suggested they added the bite mark to make it trademark-able as you can't trademark the basic shape of a common item.

     

    It is hard to tell the situation without seeing both logos and the law is complex so you may want to consult an IP lawyer.  If it's just a matter of using the same font I think it can be ignored, if it's a question of if the font is properly licensed check with the Fiverr creator,  if there's more to it ask specifically what elements they are claiming ownership and proof that they own it.

     

    Copyright is more for bodies of text (like a story or the actual content of a website), pictures, videos, music, etc.  Trademarks are for brands and logos, with the intention of preventing confusion in the market.