QLD Copyright - Stop Company from Using Business Logo?

[Samuel Palmer]

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!

 

[Iamthelaw]

Hello.

I run a 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 its 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 layer 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 and org:
Original Concept - Platoons - Battlelog / Battlefield 4 (Created: 2014-09-07)
Current Website - http://ssuclan.com/
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:
Home
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!
Samuel Palmer.

1 - You don't technically have to have the logo trademarked in order for it to be protected. Actions involving un-registered trademarks can and do occur.

2 - You should seek advice of an experienced IP lawyer. I imagine one of the first things that they'd do would be to register the trademark for you and also send a letter to the the other company.

Make sure that you have copies of everything (much like you've mentioned above) in order to establish prior use of your trademark. Also try to gather information/evidence that your logo has a reputation within Australia.

 

[Samuel Palmer]

1 - You don't technically have to have the logo trademarked in order for it to be protected. Actions involving un-registered trademarks can and do occur.

2 - You should seek advice of an experienced IP lawyer. I imagine one of the first things that they'd do would be to register the trademark for you and also send a letter to the the other company. Make sure that you have copies of everything (much like you've mentioned above) in order to establish prior use of your trademark. Also try to gather information/evidence that your logo has a reputation within Australia.

Thanks for the response!

I have read a little about "copyright take down" letters. I assume that is what you are talking about? Would I be within my rights to email them asking to stop using my logo first? And if they refuse seek the advice of an experienced IP lawyer?

 

[Iamthelaw]

Thanks for the response!

I have read a little about "copyright take down" letters. I assume that is what you are talking about? Would I be within my rights to email them asking to stop using my logo first? And if they refuse seek the advice of an experienced IP lawyer?

Hi,

No, not really a copyright issue, I would say a trademark issue.

I would suggest against communicating with the other business directly and also advise against engaging in threats of legal action etc. Making an allegation of trademark infringement involves a great deal of preparation, research and judgement as there are provisions in the trade mark act that relate to unjustified threats of legal action, which should the matter proceed to court could end up working against you, as well as costing you money.

You should seek the advice of an experienced IP lawyer first.

 

[Leonard Mancini]

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!

Hi

You don't need to register the trade mark to get some relief in this case. You are right to assert copyright as a potential avenue for redress.

You will need to prove two things

(1) You own copyright in the work - in this case an artistic work. To do this you need to be (i) the author/artist or derived it legally from the person or entity that was; and (ii) that the work is original. If you used the (c) symbol correctly you might not need to prove these matters in court as an assumption will be made that you do have ownership.

(2) that they copied your work. Copyright allows independent authorship. You need to prove copying. You can do that by implication but usually there will need to be some evidence of access to the works for them to have even unconsciously copied.

Alternatively you can register the TM. But then you have issues to do with classifications if the goods and services are not the same and also a prior use defence that would need to be overcome by pointing to your earlier, unregistered use of the trade mark.

If you want any advice further to the above or would like a letter of demand sent to the other side please do not hesitate to get in touch.