New business opend with exactly the same logo

[mrgiuly]

Hi,

Recently a new business opened in the same place as my old business which i had to close for personal reasons.
The new business uses the same name and the same logo as mine.
I`ve informed myself trough several sources that a logo automatically is protect for the author, which in this case is me.
The current owner is aware that this logo was used before at the same venue and with the same name.
My question now is would it be wise to file a lawsuit for this?
Will the settlement cover the cost of a lawsuit (lawsuit in Spain, Europe)
The current owner is using the name (which was well known in the whole area) in his advantage to regain old customers and brand recognition.

I thank you in advance for you help.

Kind Regards

 

[quincy]

Hi,

Recently a new business opened in the same place as my old business which i had to close for personal reasons.
The new business uses the same name and the same logo as mine.
I`ve informed myself trough several sources that a logo automatically is protect for the author, which in this case is me.
The current owner is aware that this logo was used before at the same venue and with the same name.
My question now is would it be wise to file a lawsuit for this?
Will the settlement cover the cost of a lawsuit (lawsuit in Spain, Europe)
The current owner is using the name (which was well known in the whole area) in his advantage to regain old customers and brand recognition.

I thank you in advance for you help.

Kind Regards

What is the name of your state, mrgiuly, or, if not in the US, what is the name of your country?

Logos are often similar. There are often companies that use the same or similar names. If a name has been abandoned, then another could potentially use it without legal risk. And, if someone is using a name and logo in one country, this does not necessarily protect the name or logo from use by another in a different country.

Facts matter - starting with your location.

 

[justalayman]

well, I was whipping out answers until I got to this:

Will the settlement cover the cost of a lawsuit (lawsuit in Spain, Europe)

does any of this involve anything in the US? If not you would need to consult an attorney in the country involved. This forum deals with US law.

 

[quincy]

well, I was whipping out answers until I got to this:




does any of this involve anything in the US? If not you would need to consult an attorney in the country involved. This forum deals with US law.

Depending on the facts and country or countries involved, I can potentially provide some information that could be helpful to mrgiuly.

He will need to let us know a lot more though, including how long ago he stopped using his mark - among other pertinent details.

 

[mrgiuly]

I`m Sorry i didnt realize it was restricted to the us only

The issue is indeed based in Spain as am I.
The logo is not a variation of my logo, it is the exact same logo including the logo background and everything which he got of my old website.
I can prove i designed the logo as i still have the source files and photoshop design.
I also still have a domainname with the same name.
The guy opened the new business in the same place as well (same street, number and space)
Wat are the amounts of settlements for this kind of things? (i know an exact number is not possible due to many factors but is there a range?)

I stopped my business in august 2013. The new place opened 1 year after that.

Kind regards and thank you for you help!

 

[quincy]

I`m Sorry i didnt realize it was restricted to the us only

The issue is indeed based in Spain as am I.
The logo is not a variation of my logo, it is the exact same logo including the logo background and everything which he got of my old website.
I can prove i designed the logo as i still have the source files and photoshop design.
I also still have a domainname with the same name.
The guy opened the new business in the same place as well (same street, number and space)
Wat are the amounts of settlements for this kind of things? (i know an exact number is not possible due to many factors but is there a range?)

I stopped my business in august 2013. The new place opened 1 year after that.

Kind regards and thank you for you help!

I lived and worked in Spain for awhile.

Is the logo a "design" logo which could be protected under Spain's copyright laws?

You did not sell your business (or your business was not sold by another with the legal right to do so) to the guy who is currently occupying the business space? If sold by you or sold by another with the legal right to do so, did the sale include IP rights?

Are your products or services still being offered by you (e.g., are YOUR products still on the market under your name/logo)?

There is no set amount of money you can hope to get for infringement, if your name and logo are, in fact, infringed. It will depend in large part on profits and losses and on a variety of different factors, including what your intentions were when abandoning your business in 2013.

 

[mrgiuly]

I lived and worked in Spain for awhile.

Is the logo a "design" logo which could be protected under Spain's copyright laws?

You did not sell your business (or your business was not sold by another with the legal right to do so) to the guy who is currently occupying the business space? If sold by you or sold by another with the legal right to do so, did the sale include IP rights?

Are your products or services still being offered by you (e.g., are YOUR products still on the market under your name/logo)?

There is no set amount of money you can hope to get for infringement, if your name and logo are, in fact, infringed. It will depend in large part on profits and losses and on a variety of different factors, including what your intentions were when abandoning your business in 2013.

Hi Quincy,

First of all, thanks for the reply.
My business was a pub with focus group on Erasmus (exchange students).

I attach for your information an old facebook page of my business which is still active :

https://www.facebook.com/Pub.Legend

The new business page is this one :

https://www.facebook.com/legendgranada

I`ve been informed that any design you make is automatically protected.
I did not buy a special copyright for it.
But i can prove by official papers that my business had the same name and logo.
And that i am the original author of the logo.

As you can see the logo`s are identical.
I just stopped my business cause i couldn`t combine it with my other business anymore.
I didn`t sell it nor did i sell my logo, just closed it down.
As you can see from the facebook page, the adres is identical.
The current business is also focussing on the erasmus students.


I hope my replies answer your questions, if not shoot

Thanks again for help, much appreciated !

 

[quincy]

Hi Quincy,

First of all, thanks for the reply.
My business was a pub with focus group on Erasmus (exchange students).

I attach for your information an old facebook page of my business which is still active :

https://www.facebook.com/Pub.Legend

The new business page is this one :

https://www.facebook.com/legendgranada

I`ve been informed that any design you make is automatically protected.
I did not buy a special copyright for it.
But i can prove by official papers that my business had the same name and logo.
And that i am the original author of the logo.

As you can see the logo`s are identical.
I just stopped my business cause i couldn`t combine it with my other business anymore.
I didn`t sell it nor did i sell my logo, just closed it down.
As you can see from the facebook page, the adres is identical.
The current business is also focussing on the erasmus students.


I hope my replies answer your questions, if not shoot

Thanks again for help, much appreciated !

I will take a look at the Facebook pages, but will address a couple of items you mentioned first.

If you are not using your trademarked name or logo to identify a business that is currently in operation, there is no infringement unless you intend to reopen your business under the same name, using the same logo. Do you intend to reopen a pub under the same name? Do you sell anything on your website that uses the trademark or logo of your prior business?

Did you register your trademark and logo? If you didn't, did the current pub owner register the trademark and logo?

Logos, as a note, are generally NOT protected under copyright laws - they are just not creative or original enough to support a copyright. They can gain trademark rights, though, through their use in connection with a business, product or service.

I will take a look at the names and logos in question and post again.