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logo trouble?
- Thread starter WOODBS
- Start date
Craig Sjoquist
New Member
Don't see the problem using John Deere color likeness not sure if they can own the shape and color combo without there deer
but for a rodeo is it for women mainly ..with that yellow Midnight Rodeo
but for a rodeo is it for women mainly ..with that yellow Midnight Rodeo
zmatalucci
New Member
not even close to a deere...print it & leave it out of your portfolio
G-Artist
New Member
There are two and possibly non-existent issues both of which are IP law.
Copyright and trademark.
Since the bar is already using the design it is they who have to defend against both should some corporate lawyer send them a letter.
All shops should have an indemnifying policy/plan with each and every client that walks through the door with their own art. A simple and straightforward 'hold harmless' form should be placed under their nose with a pen attached and have the person sign it before even talking to them about use of their art, regardless of form or format.
Copyright and trademark.
Since the bar is already using the design it is they who have to defend against both should some corporate lawyer send them a letter.
All shops should have an indemnifying policy/plan with each and every client that walks through the door with their own art. A simple and straightforward 'hold harmless' form should be placed under their nose with a pen attached and have the person sign it before even talking to them about use of their art, regardless of form or format.
Shovelhead
New Member
That proves good branding....as soon as I saw this thread and the attached,
I assumed John Deere right off the bat., before I opened the thread.....based on their green and yellow.
I assumed John Deere right off the bat., before I opened the thread.....based on their green and yellow.
royster13
New Member
I have often seen reference to "hold harmless" agreements....While they are a good "risk management" practice, they are not air tight.....If you and your client get sued (you will both be named) you may be involved in defending yourself and if the other side wins the judgments usually make the losers "jointly and severally liable"....So if your partner in crime can not satisfy the judgment and you can, the "winner" will get damages and/or legal costs from you...Then you have to sue the other loser to get you money back....
Gino
Premium Subscriber
What do you mean 'signed form' necessary ??
It doesn't matter who creates the artwork whether it be ugly or not. If you are the person reproducing it... it's your responsibility to not go any further. Simply getting a signature on something like this doesn't protect you in the least if somebody ever does anything against them. You're not omitted just for getting someone to sign a paper. That just proves your guilty of going through with this thing because you knew and didn't stop them. Besides, I'd come after them, even if it didn't look like John Deer, but just because it looks so ugly.
It doesn't matter who creates the artwork whether it be ugly or not. If you are the person reproducing it... it's your responsibility to not go any further. Simply getting a signature on something like this doesn't protect you in the least if somebody ever does anything against them. You're not omitted just for getting someone to sign a paper. That just proves your guilty of going through with this thing because you knew and didn't stop them. Besides, I'd come after them, even if it didn't look like John Deer, but just because it looks so ugly.
Deaton Design
New Member
Id look at it like this. When you first looked at it, what did you think of?
Me, the J. Deere thing popped right in my head. Others may not see it. But, it does resemble the logo enough, imho, that it would make me "steer" away from it.
Me, the J. Deere thing popped right in my head. Others may not see it. But, it does resemble the logo enough, imho, that it would make me "steer" away from it.
Pat Whatley
New Member
Woods, ask any lawyer out there and they'll tell you the same thing....a signed "hold harmless" agreement is little more than your admission that what you were doing was wrong.
ActualGrafix
New Member
All the logo has is similar colors. Even if there is a lawsuit, what is their case? Oh, he has colors that are close to ours? OR He can't use Green and Yellow because we use green and yellow.
You: "It's not the same green and yellow, look at the color output percentages!"
Them: "It looks close enough so we want money!"
You: "It's not the same green and yellow, look at the color output percentages!"
Them: "It looks close enough so we want money!"