My company logo has been used by a similar named company

[jimbob80]

Hello everyone,

I created a website back in 2009 which included my own logo which I designed myself. This logo was added to the website as well as business cards etc.

I closed the website back in 2010, however have decided to use it again and start the business. However I have noticed a company with a similar domain name, which is a different industry to my industry, however they have created a logo which is clearly similar to mine. Our domain names were similar and I presume that they have found my logo from looking at my site.

I would like to know whether I have rights to email them and ask that they stop using my logo idea?

I am located in Australia..!

 

[TheGeekess]

Hello everyone,

I created a website back in 2009 which included my own logo which I designed myself. This logo was added to the website as well as business cards etc.

I closed the website back in 2010, however have decided to use it again and start the business. However I have noticed a company with a similar domain name, which is a different industry to my industry, however they have created a logo which is clearly similar to mine. Our domain names were similar and I presume that they have found my logo from looking at my site.

I would like to know whether I have rights to email them and ask that they stop using my logo idea?

I am located in Australia..!

US Law ONLY.

 

[jimbob80]

US Law ONLY.

The website/company in question is within the US. As I am outside of the US, no advise at all?

 

[quincy]

Copyright laws and trademark laws will vary, sometimes in significant ways, from one country to the next. It could very well be that Australia does not have jurisdiction over the U.S. company (unless the U.S. company does business in or has sufficient contact in Australia). This means you would have to sue the company in the U.S. under U.S. laws, if there is any infringement suit to pursue at all.

Even substantial similarity between logo designs does not mean that one design necessarily infringes on another. All facts must be considered. You would probably be wise to consult with an attorney in your area first, for a comparison of the logos.

Two fairly recent threads from this forum have themes similar to yours that you may wish to review (see below) and following these are links to the the Australian government and the U.S. government copyright and trademark office websites. You can contrast and compare the laws.

https://forum.freeadvice.com/copyrights-trademarks-39/derivative-infringement-unpublished-unpaid-sketches-574044.html

https://forum.freeadvice.com/copyrights-trademarks-39/similar-corporate-name-570142.html


http://www.ipaustralia.gov.au
http://australia.gov.au/about/copyright

http://www.copyright.gov
http://www.uspto.gov

Good luck.