Attention: similar Comic Genesis logo found

[Blackaby]

We should kill them and assume their identity.

[Warren]

What good is that? Their credit probably already sucks.

[Risky]

Hopefully they don't check their referrers.

[Ida]

This isn't looking good. At all.

[KMorris]

I did a trademark search at the United States Patent and Trademark Office. I couldn't find these guys.

If they haven't trademarked their logo, then we're in a much better position. They can still claim they have a copyright on it though.

Here's a general question. Is comic genesis prepared to pay somewhere between $800-$1500 to register a trademark? Our is it simplier to just change our logo if an issue ever comes up?

(Some more information on Trademark Law)

[Risky]

Registering because you noticed someone else had something similar before you is actually illegal.

[KMorris]

Trademarks can be a large grey area. If you check out my link to trademark law, you'll see 13 factors that are considered before determining if there is any "likelyhood of confusion" between two marks.

All trademark issues are determined on a case-by-case basis. I'm no lawyer, so I can't give you a good guess as to whether our logo would be considered "likely to confuse."

Now, if we registered the trademark and then used that registration to sue Computer Graphics Society, then that would be illigeal. If we come to a peacefull agreement with them as to how we can both use our logos and register ours, it's not. If they've never made any attempt to legally register their logo or produce a product with it... I'm not sure. All I know is trademarks are not automatic like copyrights are. You have to register them and fight to protect them or else you lose them.

If I was making the decision, I would simply contact CGS and try to work out some agreement on paper. But the philisophical question of wether to register after that agreement is reached remains.

I'm not going to say anything more about this because I'm simply not qualified to do so. I have sort of a hobby of following intellectual propery laws and court cases, but I have no legal training. And I keep wanting to give advice, but the only legal advice that a non-lawyer is safe in giving is, "Get a lawyer."

All I really meant to say was you should think about if, as a community, you're willing to get a lawyer before any possible cease-and-desist letters come. It may or may not be worth the trouble to fight. (Darn it! I thought I said I would stop. Oh well.)

[AndrewTaylor]

I notice that you and Uncle Ghastly seem to disagree slightly about how to handle cease and desist notices.

We must have a lawyer amongst our ranks already, surely?

[Warren]

Not one that will admit to it, I'm sure.

[KMorris]

Best place I know of to really understand cease and desist letters is http://www.chillingeffects.org/

Ghastly is completely right as far as C&D's being scare tactics. And many of them make outrageous claims that would never hold in a court. But if I ever get one, I'm going to take it to a lawyer and see what he has to say about it. I like to know what sort of footing I have before I choose to make a stand or not.

[Rkolter]

The one time I got a C&D letter, I duplicated the letter, put my name where theirs was, theirs where mine was, and mailed it back to the same address as where the letter came.

They never responded to mine; I never responded to theirs.

That was going on a decade ago.