General Discussions

**dismaldonkey** · 09-25-2003, 05:20 AM

I am in the process of setting up a graphic design site, the main target will be logo design. Here's the question:

A client hires me to do a logo, I come up with a design, the client is happy, pays me and uses the logo. Three months down the line it comes to light that the logo is exactly the same as the one used by the second biggest toothpaste manufacturer in Bolivia.
Could they sue the client for breach of copyright? Could they sue me? Could the client sue me?

The above case is purely hypothetical, but can you see what I mean? You can't go out and check every single logo ever made so I am sure at some point you are more than likely to accidentally duplicate somebody else's work. Has something like this ever happened to anyone before? Could I get insured against this sort of thing?

Cheers

**david** · 09-25-2003, 07:26 AM

That would be a difficult one. If it was EXACTLY the same, then yes, you could probably be sued for breach of copyright, although assuming you wern't in the same market and/or they are a larger company, you are probably more likely to just reach an agreement where you stop using the logo.

The problem arises if logos are similar. Apparently a lot of logos are designed taking symbols etc. from design books, so you will get two or three logos that are similar. Usually this won't even be noticed (as you said, you can't look at every logo) and often the font/colour difference will not make it noticable. I'm not sure what would happen in this case, though, if logos were similar but not identical.

**OnlyPhp.Com** · 09-25-2003, 07:28 AM

I think (not sure but that's the way it must be) :
Client sues designer
The other company sues designer

I don't think something would happen to client.

**DaveMo~** · 09-25-2003, 07:42 PM

I know of a couple of cases where a webmaster used a similar logo to an established company's logo. In both cases, they were very civil about it. Discussion between both parties went smooth. One case, the new logo was dropped due to too many similarities. The other, the new logo was changed enough to satisfy the need for it to be different. I thought they were fair. It was an automatic law suit.

The odds of a logo being identical is probably high. But being similar, entirely possible.

I agree with OnlyPhp that it would come back to the designer. The professional designer would be responsible for what he sales to his client. However, if the logo is very well known, I think it could come back on the webmaster, too. For example, say I "designed" the Nike Swoosh for someone and they used it. It's probably fairly obvious to everyone that it is not original.

Dave