I'm in Illinois.
My question is this. I'm a musician currently writing an album entitled "canvas shoes" and I created a logo based on the converse chuck Taylor logo. The text is all changed but the majority of the logo design is similar. This album is clearly not a competing product. does the fact that I borrowed design elements fall under fair use or is it trademark infringement?
Since last year alone, Converse has filed 22 trademark infringement lawsuits against 31 companies. They are not shy, in other words, about taking legal action against those using their famous logo without their authorization.
Although a music album is obviously not a shoe, when you use a famous trademark for your own product or service, or one that is confusingly similar to a famous trademark, the owner of the famous mark can prevent its use - through a cease and desist notice, through an injunction, through a seizure and/or destruction of all unauthorized products bearing the mark, and through damages awarded for profits gained by the infringer or through losses suffered as a result of the infringement. Other remedies may be available.
A likelihood of consumer confusion exists because a famous mark by its nature is one that has become connected in consumers minds with one company. Consumers see the mark and recognize who owns it. Consumers could easily believe that your music album is affiliated with, sponsored by or in some way connected with Converse. There is really no way to avoid this.
If you want to avoid a lawsuit, you should seek permission to use the logo - or you could use a generic canvas shoe - or you could create your own unique logo. Or you could take the logo you created based on the famous Chuck Taylor Converse mark to an IP attorney in your area for a personal review and opinion.
Good luck.
