Stealing vs. Inspiration and whatnot

[vflytrap]

I have a client that wants a logo redesign. I give them several options. Different ideas and such. They give me some more samples of what they're looking for. I make those. THEN, it really comes around that the client wants the ACTUAL logo of one of the samples they showed me. Literally - make that logo our logo. And it's what I have to do right? It's what the client wants? Now, I am going to make minor changes... personalizing it as the client asks. (One of those clients that want what they want and screw the world and what they think). I feel dirty with the whole thing because it's not entirely mine. You know? I would like to know what people think about this - what they recommend.

[Kool]

Hi vflytrap, welcome to the forum

vflytrap said...

the client wants the ACTUAL logo of one of the samples they showed me. Literally - make that logo our logo. And it's what I have to do right? It's what the client wants?

Putting legal, copywrite and ethical issues aside. You are obviously very uncomfortable about doing this. And you should be. Personally I would hand this client a bill for your hours so far and tell them to go elsewhere. I can see no good, no satisfaction that can come from this and the negative aspects could be huge. No amount of money is worth compromising your principles. Finding inspiration in the work of others is fine. Stealing their inspiration is.... well just stealing. /emoticons/cool.gif

http://home.comcast.net/~rnick9/Sig.jpg

'I used to be with it. But then they changed what it was. Now what I'm with isn't it, and what's it seems weird and scary to me.' Abraham Simpson

[Drorain]

Okay let me see... your client is looking to get himself in a boatload of legal trouble. First check to see if the example is Trademarked, now consider this, is your client in the same market as the aformentioned logo, if so, do not do this... and I am now going to refer you to a good book on copyright issues... The Graphic Artist's Guildbook of Pricing and Ethical Guidlines. Now what will transpire if you use this logo....

1st) the originators of the logo will give you a cease and desist order written by a lawyer to make it look proffesional
2nd) Lawsuit and damages

Consider it like this...you design a potential logo, your client takes your idea to some designer thats cheaper, your screwed then right? Nope if you were smart enough to copyright that mark in your name first you can sue him.
Avoid legal trouble dont do it


check out the Guild website to

http://www.gag.org/

- Everyday, all the time, without fail!

[Drorain]

http://www.uspto.gov/web/offices/tac/tmfaq.htm#Other002
found on the trademark office page
quoted in the faq

How do I contest someone else using a trademark similar to mine?

There are several ways to dispute use of your trademark by a third party. Depending on the factual situation, the Trademark Office may or may not be the proper forum. You should consider contacting an attorney, preferably one specializing in trademark law. Local bar associations and the yellow pages usually have attorney listings broken down by specialties. Time can be of the essence. For information about proceedings before the Trademark Trial and Appeal Board, click on TBMP.

you dont wanna be on the recieving end of something like that

- Everyday, all the time, without fail!

[Ryan8720]

Just tell the client that he/she is going to get into legal trouble for it and you don't want to be a part. If they still want to continue, bill for your hours thus far.

http://edgewebdesign.org/ryan2.gif (http://www.edgewebdesign.org)

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[PrintDriver]

^what they said^

Specialization is for insects...

R.H.

[vflytrap]

Well - I guess that helps me make the final decision - I'm grateful for the moral boost. Thanks for your replies... Gotta love clients, huh? /emoticons/wacko.gif

[vflytrap]

Thanks for the welcome - by the way! Nice to find a forum on graphics and such!

[Ryan8720]

No problem. We try to be a friendly bunch.

http://edgewebdesign.org/ryan2.gif (http://www.edgewebdesign.org)

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[Silence04]

if its the clients money that your after and that exact logo is what the client wants it, then i say do it..... BUT, only if you have them sign a contract stating that you are not liable for anything...and make sure you let the client know how illegal that is and some hefty fines can come out of it, that may also swing him in the other direction....

we have a copyright atourny in our office for matters like these... and one of our clients will push the envelope sometimes just like your client is.</div>

Taylor

Post Edited (Silence04) : 3/24/2004 6:20:01 PM GMT

[vflytrap]

Update: I talked to the client about the whole thing and it turned out that I ended up modifying it enough to be different, and still give the client the same 'look' so it all worked out in the end. Hooray.

[Ryan8720]

Glad to hear that. /emoticons/biggrin.gif

http://edgewebdesign.org/ryan2.gif (http://www.edgewebdesign.org)

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