What should we do if one of our non-profit’s artists produced a logo that’s fairly similar to the logo of a company known worldwide?

The person who designed the logo claims to have never seen the other logo before. Could the similarity between the logos present a legal problem? The logos are incredibly simplistic in design, but it would be easy to mistake the two for one another if you only glanced quickly. Should we just design a new logo?

Asked on August 26, 2014 under Business Law, Wisconsin


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

This is one of the tests for trademark infringement and copyright infringement.  If they are so similar that one is confused for another the issue will be whether or not the products are the same or similar.  Your logo could be presented to the US Patent and Trademark office for determination.  Otherwise, you may simply want to change the logo.  

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