FORUMS: list search recent posts

Logo Legalities Question.

COW Forums : Adobe Illustrator

<< PREVIOUS   •   VIEW ALL   •   PRINT   •   NEXT >>
Pedro Monsalve
Logo Legalities Question.
on Jan 9, 2008 at 4:37:58 pm

Hey guys, not sure if this is the right forum to ask but is more of a legality issue more than anything, but related to graphic design.

I noticed that there are these 2 logos that are identical, except for color usage, but the logo essentially is EXACTLY the same, 2 big corporations using the same logo, how is this possible?



Return to posts index

cowcowcow
Vincent Rosati
Re: Logo Legalities Question.
on Jan 10, 2008 at 1:14:10 am

Interesting...
I worked as a patent illustrator for some time, so every job was in part a legal issue.
I offer this only as a contemplation, nothing more.
If these are two different logos, which is to say that the registered trademarks for both companies include a graphic object and text, the main difference is that one says 'Neilpryde' underneath a circular object, the other says 'Target' underneath a circular object. Clearly two different logos.
This assumes that the registered trademarks both include text, and that either of them are registered trademarks.
Also, the 'Neilpryde' logo has a sort of knock-out, the outer white ring. It also has a drop shadow, which would likely not be included in the trademark application, but drawn with a .25 pt. stroke around the outer white edge of the white knockout, essentially creating 3 circular black forms in the circular object. Whereas the 'Target' logo would only show 2.
It's also possible that these companies have some sort relation.

Again, these are just a few contemplations.

Vince


Return to posts index

Pedro Monsalve
Re: Logo Legalities Question.
on Jan 10, 2008 at 2:05:59 am

Interesting indeed, but the outline and drop shadow only applies to this particular image that i took, but if you search (google) neil pryde, you'll see that the actually don use it, i own 3 sail by them, and actually the sticker on their sails, bags, wetsuits, products, etc... is a solid, i mean is exactly as the target except that target "ALWAYS" uses their target logo as red or white, where as NP uses it blk and white, I'm very confused by this, I'd love a legal explanation, cause otherwise what prevent another business (corp, etc...) from using someone else's logo?


Return to posts index


Pedro Monsalve
Re: Logo Legalities Question.
on Jan 10, 2008 at 2:07:30 am

Oh and may I add that NP as well as Target use this logo without their corresponding company names, just the circles.

Just confusing and weird @ the same time.


Return to posts index

Vincent Rosati
Re: Logo Legalities Question.
on Jan 10, 2008 at 4:02:16 am

Maybe a question for Yahoo Answers!
http://answers.yahoo.com/
...under Politics & Government, perhaps.

Again, this discussion is highly speculative as we don't know what the trademark illustrations look like that are in the USPTO file cabinets.

I could add, though, that only a few years ago a trademark rule changed that allowed color to be added in the application. It's possible that by specifying a color in a trademark would make other similar logos more common, so long as the form and color are not used in unison.
However, Target would probably also register a B&W version of their trademark, as that is the traditional standard.

Maybe NP's logo existed before Target's, and they didn't bother to register it. But, I'd lean towards thinking that there is a connection between the two organizations.

You would really have to talk to somebody in their legal departments to get a factual answer.

If you do find a more specific answer to this, let us know here at the COW. Now I'm curious! :)

Vince


Return to posts index

Pedro Monsalve
Re: Logo Legalities Question.
on Jan 10, 2008 at 5:43:58 am

Vincent that so much for your post, really appreciate the discussion. I'll keep you posted of any finding, i'm really curios on this matter, it kinda goes against what i learn in my design classes and copyright.

Again, thanks.


Return to posts index


Michael Hancock
Re: Logo Legalities Question.
on Jan 11, 2008 at 4:33:48 am

It could be that the logos belong to two companies in such different industries that a reasonable person would not confuse the two.

You said the black and white logo belows to a company that makes sailing gear? That's an industry far removed from Target, which is basically a superstore for household goods, groceries, electronics, and other personal, lower cost consumable items--hardly sailing gear.

There was a case where a sex store called Victor's Secret was sued by Victoria's Secret. Victoria's Secret lost because they couldn't prove that by keeping the name Victor's Secret (which changed its name to Victor's Little Secret to settle the case before court) it would cause Victoria's Secret economic harm. Reasonable people wouldn't confuse the two companies. Here's some more details on that case:

http://www.out-law.com/page-3369
May be the same thing in this case. Such different companies that it wouldn't confuse a person enough to hurt Target's image or "sails".

Michael.


Return to posts index

Pedro Monsalve
Re: Logo Legalities Question.
on Jan 11, 2008 at 1:25:54 pm

Thanks for the Post Michael but i have to disagree, i mean, i don't think that's a reasonable analogy (I'm not a lawyer or an authority on the matter), simply cause a company name is much more involved and i supposed it could get confusing, even though Victor and Victoria are close they are different, but not a logo, a symbol, a recognizable item.

The reason this whole thing stated, was cause i recently got back into windsurfing, and i bought a sail, my wife saw it and immediately asked the inevitable, Didn't know target sold that kinda stuff? Cause my sail only has the target logo and the model name of the sail.

I supposed it never occurred to me, cause I've been involved in the sport for quite some time, and just knew of their logo, but started my curiosity on the topic.

Thanks.


Return to posts index

<< PREVIOUS   •   VIEW ALL   •   PRINT   •   NEXT >>
© 2017 CreativeCOW.net All Rights Reserved
[TOP]