Ask a lawyer on the topic of Copyright law

Logo copy?

October 5, 2009 | 20,00 EUR | answered by Steffan Schwerin

Dear Sir or Madam,

This question concerns one of our clients.

We have noticed a strong similarity between our client's logo and the company Schöffel.

http://www.medienpartner.de/ (top right)
http://www.schoeffel.de

The client has been using the logo for over 15 years. The Schöffel logo appears to be fairly new.

Does our client have any claims here? Can this logo be protected at all?

ps. If it is a risk to mention specific names here, please mask the names.

Thank you!

Steffan Schwerin

Dear questioner,

I answer the questions you have asked taking into consideration the circumstances described and your commitment as follows:

In principle, the question arises as to who owns the rights to the logo. Typically, this would be the author. If a company, i.e. a business, uses a logo, the owner of the company is usually the rights holder to the logo.

The logo could be a registered image trademark or a registered design pattern. To find out, one can inquire at the Patent and Trademark Office http://www.dpma.de.

It is possible to protect the logo.

If your client has protected the logo, there are corresponding claims for injunction against the other company.

If the logo is not yet protected, it is significantly more difficult to enforce a claim for injunction.

In the present case, however - regardless of whether the logo is protected or not - it must first be examined to what extent there is actually an identity between the logos. At first glance, the logos may appear similar and share similarities in their fundamental concept. Nevertheless, it is still debatable whether an infringing identity can be assumed here.

Lastly, I must point out that this platform cannot replace a comprehensive and personal legal consultation. The sole aim is to provide an initial rough assessment of your legal problem based on the information you have provided to a lawyer. The legal information I provide is based solely on the information you have provided. Adding or omitting relevant information in your description of the situation may lead to a completely different legal assessment.

I hope I have given you an initial overview and that my explanations have been helpful. Please feel free to contact me via the follow-up option on this portal.

Furthermore, I am available for legal representation. The initial consultation fee you have paid would be credited in full.

A greater distance between lawyer and client is generally not a problem. With the help of modern communication tools such as email, mail, fax, and telephone, representation can still be carried out.

Best regards,

Steffan Schwerin
Lawyer

Law Office of Steffan Schwerin
Golmsdorfer Straße 11
07749 Jena

Tel.: 03641 801257
Fax: 032121128582

Email: steffan.schwerin@hotmail.de

Website: www.raschwerin.de