Hello.
I run an eSports organisation here in Australia. To some that may not be classed as a business, but to us in the field, it is. We pour our heart, soul and money into it and we are still required to have ABNs, do taxes, record money in money out and everything a normal business would have to do.
A couple of days a go I noticed a company called Sneak International who were using something extremely similar to my logo, and even a few of my players and fans have messaged me asking who they are and why they are using my logo.
My first thought was, under the copyright act, they are using my artwork without authorization to sell products. I was the original author of the artwork, I have everything from dates and proof of the initial concept to the current working files and designs. Is this true?
My logo isn't trademarked, I know it's probably a mistake on my behalf but the org isn't as big as what some others are and I find it unjustifiable to spend the money on a TM in the orgs currently form and stature.
My questions are:
1. Can I ask them to stop using my artwork, or do I technically have to have the logo trademarked to do anything?
2. If I can ask for them to stop, can I take it to a lawyer and will they be able to win a case for me? Or is it something I need to get trademarked or just move on from?
Here are links to my artwork:
Original Concept - Platoons - Battlelog / Battlefield 4 (Created: 2014-09-07)
Business name register information (if it means anything) - https://connectonline.asic.gov.au/R...archRegisters.jspx?_adf.ctrl-state=fra0u6tm_4
Here is their product page, the earliest date I can find them using the logo is on their Facebook page, it is dated November 2016:
SNEAK International | Facebook
I hope this information provided can help someone tell me if I have any rights here. I have no idea so if there is anything else you need to know, please ask me.
Thanks in advance!
I run an eSports organisation here in Australia. To some that may not be classed as a business, but to us in the field, it is. We pour our heart, soul and money into it and we are still required to have ABNs, do taxes, record money in money out and everything a normal business would have to do.
A couple of days a go I noticed a company called Sneak International who were using something extremely similar to my logo, and even a few of my players and fans have messaged me asking who they are and why they are using my logo.
My first thought was, under the copyright act, they are using my artwork without authorization to sell products. I was the original author of the artwork, I have everything from dates and proof of the initial concept to the current working files and designs. Is this true?
My logo isn't trademarked, I know it's probably a mistake on my behalf but the org isn't as big as what some others are and I find it unjustifiable to spend the money on a TM in the orgs currently form and stature.
My questions are:
1. Can I ask them to stop using my artwork, or do I technically have to have the logo trademarked to do anything?
2. If I can ask for them to stop, can I take it to a lawyer and will they be able to win a case for me? Or is it something I need to get trademarked or just move on from?
Here are links to my artwork:
Original Concept - Platoons - Battlelog / Battlefield 4 (Created: 2014-09-07)
Business name register information (if it means anything) - https://connectonline.asic.gov.au/R...archRegisters.jspx?_adf.ctrl-state=fra0u6tm_4
Here is their product page, the earliest date I can find them using the logo is on their Facebook page, it is dated November 2016:
SNEAK International | Facebook
I hope this information provided can help someone tell me if I have any rights here. I have no idea so if there is anything else you need to know, please ask me.
Thanks in advance!