Legal Question in Intellectual Property in Arizona

Copyright infringement questions

This is the situation

We have a business with a logo that we have been branding for the past three years. However, we just recently went through getting a copyright.

We found a group of people using our logo to represent their society.

Do we have legal rights over the use of our logo if it was used by others before we bothered to get a copyright?

What type of action is necessary to take action against un-authorized use of our logo?


Asked on 8/16/07, 3:45 am

1 Answer from Attorneys

Brian Kinder The Kinder Law Group

Re: Copyright infringement questions

Your question raises issues involving both copyright and trademark law. Logos are sometimes artistic works with copyright elements that can be registered, however, they are also trademarks or brand names. On the one hand your question says you have "branded" the logo, and on the other hand you say you have registered the copyright. Therefore, you may have some concepts mixed here.

In any event, it sounds like you need to consult with an attorney. Infringement analysis (both copyright and trademark) is complex and involves many issues. You need to determine the extent of your rights and assuming it looks clear to proceed, then you can send a cease and desist letter or even initiate a lawsuit if necessary.

Proceed with caution, however, since you can really get yourself into trouble if you start shooting from the hip. If you would like to discuss further, please contact me. We are based in California but work with clients all over the country.

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Answered on 8/16/07, 1:31 pm


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