WA Permission request for logo use - requests ignored or not being taken seriously

Discussion in 'Intellectual Property Law Forum' started by DDC185, 13 January 2019.

  1. DDC185

    DDC185 Member

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    Can anyone please help?

    I’m a small scale start-up home based business and I would appreciate some assistance/advice. I’m in the final stages of planning.

    Background:
    I have a product that was created out of a hobby, which uses logos from several companies. I’m very much aware that if I was to start selling my product (to be clear I’m not trading yet) I would be infringing ownership of the respective logos and be at risk of legal action.

    I have been attempting to reach out to the respective companies over the past two months. I have done so through the following means:
    · Key people on LinkedIn e.g. Counsel, Legal, Lawyer etc in their title, giving a short brief on my business and asking if they are the right person to contact
    · Physically mailing my request (full letter) and associated pictures to a key person I have identified from LinkedIn
    · Going through company ‘contact us’ forms, giving a short brief on my business and asking who would be the right person to contact
    · Following up email addresses with my letter addressed to the key person, with the letter and pictures attached


    The responses I have received include:
    No response at all or a very blunt ‘no’, where there has been no consideration of my request

    I do understand that companies are within their right to deny requests.

    Furthermore:
    I have spoken to an IP lawyer who basically said that since I’m being ignored or not being taken seriously, it’s doubtful a letter of request from him would achieve anything.

    My options seem to be:
    1) Persist in finding appropriate ways to get in contact
    2) Ask another business, which also uses the same respective company logos for their products for what they have done
    3) Start trading (I’m not currently) and seek to negotiate if notice is finally taken of my product and explain that I made several attempts to obtain permission

    I want to do the right thing by obtaining permission to use logos. Therefore:
    · Would anyone have other ideas on how to reach out?
    · Any suggestion on how to proceed?

    Thank you.
     
  2. Rob Legat - SBPL

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    You have another option: don't do it. You've asked the question and received a no. Repeatedly asking is unlikely to get you a different result. If anything, it's more likely to receive a negative response.

    Specifically:
    - Option 2 is only going to refer you back to option 1.
    - Option 3 is a very good way to get sued, especially when your previous requests and the corresponding rejections get tendered into evidence - confirming you knew exactly what you were doing.
     
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  3. Tim W

    Tim W Lawyer
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    1. I agree with @Rob Legat - SBPL in all respects.

    2. You asked. They said no.
      Or they made no reply.
      So, unless what you propose falls within
      one of the statutory exemptions,
      that's it, it's over.
     
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  4. DDC185

    DDC185 Member

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    Thank you all for your replies.
     
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