What percentage of a copyright image is protected?

I have a logo which might feel similar to an existing logo.

Asked on February 9, 2016 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It's not a simple percentage test. Rather, the test is subjective: if a reasonable person would conclude that logo A is too similar (or confusingly  similar) to trademarked logo B (trademark is actually the main protection for logos), then A would be infringing on B's trademark. Or in terms of copyright (the other relevant intellectual protection), if logo A looks like it is an adaptation or derivation of copyrighted logo A, it is copyright infringement. If you feel that it may be too similar, odds are that it is too similar, and that if you use it, you  may be opening yourself up to litigation.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.