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Carpet Dawg

  • Posts: 2968
someone stole my logo!!
« on: September 10, 2013, 09:15:17 pm »
A Florida based carpet cleaner with the same business name has stolen my logo/brand!! Found out on facebook.

Its funny really but annoying that I paid good money to have it created and they just nicked it! ha not much I can do about it I suppose.

Jamie Pearson

  • Posts: 3407
Re: someone stole my logo!!
« Reply #1 on: September 10, 2013, 09:26:53 pm »
theirs looks better. must be the florida sun shining on it.

Jamie Pearson

  • Posts: 3407
Re: someone stole my logo!!
« Reply #2 on: September 10, 2013, 09:29:36 pm »
you aren't the only one in the area with that name. pretty sure you must have encountered them before. they were in Loanhead and now their son has taken over.

wynne jones

  • Posts: 2918
Re: someone stole my logo!!
« Reply #3 on: September 10, 2013, 09:30:55 pm »
They scowered the world and chose your logo to steal.  ;D
It's not expensive, you just can't afford it.

Carpet Dawg

  • Posts: 2968
Re: someone stole my logo!!
« Reply #4 on: September 10, 2013, 09:38:57 pm »
from Florida to Loanheid... wow.

Yes Wynne that's right... Its exactly the same logo/design. I'm not bothered about the name but the design. Again, not too much agro as they are US based. Just saying...

peter maybury

  • Posts: 916
Re: someone stole my logo!!
« Reply #5 on: September 10, 2013, 09:45:42 pm »
Did you or your designer copyright it, if so wait until they become a multi national then sue.
Peter
www.carpetcleanercardiff.com

Carpet Dawg

  • Posts: 2968
Re: someone stole my logo!!
« Reply #6 on: September 10, 2013, 09:49:56 pm »
I looked in to copyrighting Peter but I cant as there's a manufacture of products that has done so already. 

Can you copyright the image/design but not the name?

Simon@arenaclean

  • Posts: 1054
Re: someone stole my logo!!
« Reply #7 on: September 10, 2013, 10:31:27 pm »
I belive so, it's not the words but the design. Next can't copyright the word but thier logo are trade marks

jim mca

  • Posts: 827
Re: someone stole my logo!!
« Reply #8 on: September 10, 2013, 11:26:16 pm »
Just read a article in the FSB mag about logo copyright the designer owns the rights unless you get them the sign it over to you
bit crap as you have paid for it me thinks

ian harper

Re: someone stole my logo!!
« Reply #9 on: September 11, 2013, 12:23:58 am »
from Matt Cutts Video

"Other changes include websites stealing images and ranking above websites that were the original creator of the image in Google image search. This should definitely not be happening and seems to be an error on Google’s part in their image search tools. Seems like they are still toying with this image search algorithm as many changes were recently made to the whole display of this portion of Google search."

Dominic Carnell

  • Posts: 69
Re: someone stole my logo!!
« Reply #10 on: September 11, 2013, 09:22:54 am »
The original designer would own the copyright to your logo, and you effectively use the logo under licence from the he/she. Unless the copyright was specifically transferred to you by way of an agreement.

With regards to protecting your brand, you would need to register the name and logo as a Trademark. The name would need to be distinctive for this to be possible.

N.B. I have put together a deed of 'copyright assignment' - a legal deed by which the designer agrees to hand over copyright to the client, so if you plan on obtaining further work from a freelance designer then you're welcome to a copy by email.

wynne jones

  • Posts: 2918
Re: someone stole my logo!!
« Reply #11 on: September 11, 2013, 11:21:53 am »
The original designer would own the copyright to your logo, and you effectively use the logo under licence from the he/she. Unless the copyright was specifically transferred to you by way of an agreement.

With regards to protecting your brand, you would need to register the name and logo as a Trademark. The name would need to be distinctive for this to be possible.

N.B. I have put together a deed of 'copyright assignment' - a legal deed by which the designer agrees to hand over copyright to the client, so if you plan on obtaining further work from a freelance designer then you're welcome to a copy by email.

Some very good points here.

The same is true if you get someone to write copy for you. For your website, email sequence, whatever. You would think if you commisioned someone to write it, you own it, but unless you state this implicitly you don't.

Be careful if you hire a copywriter, they can get lazy. LOL
It's not expensive, you just can't afford it.

garry22

Re: someone stole my logo!!
« Reply #12 on: September 11, 2013, 11:27:02 am »
I've had stuff stolen from a site (cut and paste) and then the thief has criticised my "donor" site. On another occasion, they even asked for advice on how they could get their site to convert better! You have to laugh.

Buckland

  • Posts: 414
Re: someone stole my logo!!
« Reply #13 on: September 11, 2013, 05:23:27 pm »
The original designer would own the copyright to your logo, and you effectively use the logo under licence from the he/she. Unless the copyright was specifically transferred to you by way of an agreement.

With regards to protecting your brand, you would need to register the name and logo as a Trademark. The name would need to be distinctive for this to be possible.

N.B. I have put together a deed of 'copyright assignment' - a legal deed by which the designer agrees to hand over copyright to the client, so if you plan on obtaining further work from a freelance designer then you're welcome to a copy by email.

Nonsense - No need for deed of copyright assignment - waste of time imo - Only in a very crap world does the designer own the copyright to your logo that he designed for you that you briefed him for and then paid him to design - I think you will find it is the other way round and the copyright belongs to you as the owner of the intellectual copyright (that is what a court would say) and what in the sam hill is he going to do with your logo - WHY would he want to own your crappy logo (nothing personal against you btw) copyright - what can he do with it - nothing is the answer because it belongs to you so dont worry about it - you dont have to sign an agreement it belongs to you as of right because you have contracted for him to design it
Buckland Carpet & Fabric Care :: 01590 688938
www.SteamCleanCarpetService.co.uk

V_Purcell

  • Posts: 199
Re: someone stole my logo!!
« Reply #14 on: September 11, 2013, 07:01:09 pm »
If you have put your logo on Facebook, then you do not own any right to the image, you signed away those rights by their T&C's
If they have put it on their website you can get in contact with their ISP here is a link to find who is their ISP is.
http://www.domaintools.com/
If they have the domain by proxy then you have to contact them through that. But you have to file a cease and distress notice, before any legal action can be taken. You can use the wayback machine to see when they changed the logo.
http://archive.org/web/web.php

I know I had the sane problem, when I had used to sell Diamondback and Ninja's machines someone stole my images which cost a fortune and to top it off they used them as a link to Ashbys, which ticked me off somewhat.

And all images belong to the creator unless they are assigned to you by what ever means. You also can have them protected as SM, which is a service mark.

Carpet Dawg

  • Posts: 2968
Re: someone stole my logo!!
« Reply #15 on: September 11, 2013, 07:42:09 pm »
If you have put your logo on Facebook, then you do not own any right to the image, you signed away those rights by their T&C's
If they have put it on their website you can get in contact with their ISP here is a link to find who is their ISP is.
http://www.domaintools.com/
If they have the domain by proxy then you have to contact them through that. But you have to file a cease and distress notice, before any legal action can be taken. You can use the wayback machine to see when they changed the logo.
http://archive.org/web/web.php

I know I had the sane problem, when I had used to sell Diamondback and Ninja's machines someone stole my images which cost a fortune and to top it off they used them as a link to Ashbys, which ticked me off somewhat.

And all images belong to the creator unless they are assigned to you by what ever means. You also can have them protected as SM, which is a service mark.

I might have signed away my images (is a logo/brand/designed classed as an image though??) to Facebook Inc. but not to some "no mark" to use as his own! lol


Carpet Dawg

  • Posts: 2968
Re: someone stole my logo!!
« Reply #16 on: September 11, 2013, 07:44:35 pm »
If you have put your logo on Facebook, then you do not own any right to the image, you signed away those rights by their T&C's
If they have put it on their website you can get in contact with their ISP here is a link to find who is their ISP is.
http://www.domaintools.com/
If they have the domain by proxy then you have to contact them through that. But you have to file a cease and distress notice, before any legal action can be taken. You can use the wayback machine to see when they changed the logo.
http://archive.org/web/web.php

I know I had the sane problem, when I had used to sell Diamondback and Ninja's machines someone stole my images which cost a fortune and to top it off they used them as a link to Ashbys, which ticked me off somewhat.

And all images belong to the creator unless they are assigned to you by what ever means. You also can have them protected as SM, which is a service mark.

I might have signed away my images (is a logo/brand/design classed as an image though??) to Facebook Inc. but not to some "no mark" to use as his own! lol



Len Gribble

  • Posts: 5106
Re: someone stole my logo!!
« Reply #17 on: September 11, 2013, 08:43:46 pm »
If it’s out there and I like it I will nick it (well to my advantage) but be careful if you are local and it’s mine ;)
Always bear in mind that your own resolution to succeed is more important than any other. (Sidcup Kent)

V_Purcell

  • Posts: 199
Re: someone stole my logo!!
« Reply #18 on: September 11, 2013, 08:53:43 pm »

I might have signed away my images (is a logo/brand/designed classed as an image though??) to Facebook Inc. but not to some "no mark" to use as his own! lol


This will explain it in more depth
http://justcreative.com/2010/04/06/branding-identity-logo-design-explained/

jim mca

  • Posts: 827
Re: someone stole my logo!!
« Reply #19 on: September 11, 2013, 09:06:39 pm »
Buckland

Sadly you are wrong