Logo theft is a violation that occurs when one party steals or uses another party’s trademarked logo without their permission. This is a more specific term for trademark infringement, and can take many forms. It typically involves the theft of a trademark or a service mark. For instance, logo theft can consist of:
Logo theft is very common when it comes to clothing items. Many products are counterfeited solely due to the theft of a company logo. Without the logo, counterfeiters might not be interested in producing a fake product. Many graphic design conflicts also involve some sort of logo theft issue.
Like all forms of infringement, logo theft is met with serious legal consequences. Legal penalties for logo theft can include:
Logo theft charges may be defended against depending on the facts surrounding the situation. The following circumstances constitute defenses for logo theft:
An example of a valid defense in a logo theft charge is that the logo does not identify a specific product or service (generic trademark defense). For instance, one company cannot sue another one simply because the competitor wears the same shade of green uniforms as theirs. Logo theft must involve the unauthorized appropriation of the words or visual design that clearly identifies a product or service.
Logo theft is a serious offense, and can lead to some far-reaching legal consequences. It may be in your best interest to hire an intellectual property lawyer in your area if you have any disputes, inquiries, or concerns involving logo theft. Your attorney can perform legal research for you and advise you on your rights and legal decisions. Also, if you need to appear in court or file a lawsuit, your lawyer can provide you with professional representation during the process.
Last Modified: 09-14-2015 12:22 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.