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 Post subject: Logo Question
PostPosted: Sun Feb 15, 2009 12:44 pm 
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Koa
Koa

Joined: Sat Mar 01, 2008 2:44 pm
Posts: 692
I am thinking about selling a few guitars a year. I have always used my initials on the headstock (CB). Now that I am thinking on selling, I googled CB guitars and found that someone is using that as a logo. The script and look of the initials bears no resemblance to mine. I guess I could incorporate my last name or or an initial and last name as my logo, but I kinda like using my initials. My question is if there are any legal ramifications by using my own intials since someone else is already using them? Bear in mind that my logo design in no way resembles what is already being used.

Thanks
Chuck

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 Post subject: Re: Logo Question
PostPosted: Mon Feb 16, 2009 4:52 am 
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Koa
Koa
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Joined: Tue Sep 30, 2008 8:57 am
Posts: 544
Location: Auchtermuchty, Fife, Scotland
Focus: Build
Status: Amateur
Could you add a middle initial?

Secondly, legally I guess its down to whether thier logo is trademarked - which even if different in style, coul also over the actual two letters to avoid confusion?


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 Post subject: Re: Logo Question
PostPosted: Mon Feb 16, 2009 6:19 am 
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Koa
Koa

Joined: Sat Mar 01, 2008 2:44 pm
Posts: 692
Frank. this is a time when I wish I had a middle initial, not sure if they have a trademark on the initials or not. If thats the case, if one was to use the first letter of their last name as a logo , which many do, and trade mark it, then only 26 people would have claim to an individual letter. This is why I pose the question, since the use of an individual letter, or two if using initials, can have a unique appearance, depending on the indivisual design. Just thought I would ask, hoping someone had already gone through this??

thanks
Chuck

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 Post subject: Re: Logo Question
PostPosted: Mon Feb 16, 2009 9:48 am 
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Joined: Thu Jan 24, 2008 8:01 am
Posts: 1399
Location: Houston, TX
First name: Chuck
Last Name: Hutchison
City: Houston
State: Texas
Country: United States
Focus: Build
Status: Amateur
Chuck,
Could you incorp your initial C as the upper left bout and the B and the upper and lower bouts on the right side making sort of a guitar shape?

I've seen one or two done this way and kind of like it.

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 Post subject: Re: Logo Question
PostPosted: Mon Feb 16, 2009 12:31 pm 
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Koa
Koa

Joined: Sat Mar 01, 2008 2:44 pm
Posts: 692
Thanks Chuck, Sounds interesting, I'll have to play around with that!

Chuck B.

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 Post subject: Re: Logo Question
PostPosted: Mon Feb 16, 2009 4:30 pm 
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Cocobolo
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Joined: Mon May 05, 2008 3:58 pm
Posts: 429
Location: Cottonwood, California USA
First name: Darrin
Last Name: Oilar
City: Cottonwood
State: CA
Zip/Postal Code: 96022
Focus: Build
A few years ago when Oprah came out with her magazine, "O", there was a suit because there was already an "alternative lifestyle" magazine named "O". I'm not sure of the legal differences in printed material vs. real property, but certainly there was some basis for a suit. Like was said before, I guess it would depend on whether they had taken any legal steps to protect their name or logo. That being said, if your logo is different than theirs, even with the same letters and your "company" name is different ie. "CB custom guitars" instead of "CB guitars", I would believe you would be fine.

In lawyer post-commercial disclaimer voice: The proceeding in no way should be construed as legal advice. Please consult an attorney for actual advice. Tax, title and license not included.

Darrin


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 Post subject: Re: Logo Question
PostPosted: Mon Feb 16, 2009 8:16 pm 
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Koa
Koa

Joined: Sat Mar 01, 2008 2:44 pm
Posts: 692
Thanks Darrin, that really seems to make sense to me, and after doing some more research, is the way that I am understanding logo's.

Chuck

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 Post subject: Re: Logo Question
PostPosted: Mon Feb 16, 2009 8:32 pm 
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Koa
Koa

Joined: Wed Jan 05, 2005 10:43 pm
Posts: 1124
Location: Australia
First name: Paul
Last Name: Burns
City: Forster
State: NSW
Zip/Postal Code: 2428
Country: Australia
Focus: Build
Status: Amateur
The down side of using "CB Custom Guitars" if they are using "CB Guitars" is that you might be associated with them - at least in peoples minds. If they gave poor service, or got a bad name in some way, then that could rub off on you.

I'm in a similar boat, my surname is Burns. There's already a "Burns Guitars" - though our positions are reversed as they'd probably sue me for giving them a bad name. IMHO it's better to find a name that stands alone from the competition.

Look up Brock's posts on 'branding'.

My 2c

Paul


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 Post subject: Re: Logo Question
PostPosted: Mon Feb 16, 2009 10:45 pm 
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Cocobolo
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Joined: Tue Nov 21, 2006 4:55 pm
Posts: 376
Location: Canada
First name: Greg
Last Name: Harrington
Focus: Build
Status: Semi-pro
Good advice.
"Charles B***** Hand Crafted Instruments" sounds pretty classy.

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 Post subject: Re: Logo Question
PostPosted: Tue Feb 17, 2009 10:43 am 
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Koa
Koa

Joined: Sat Apr 19, 2008 10:08 pm
Posts: 1958
Location: Missouri
First name: Patrick
Last Name: Hanna
State: Missouri
Country: USA
Chuck, why don't you talk to a lawyer about this? It's a legal question, and I don't think it's a complicated question. Don't assume it'll cost a lot.


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 Post subject: Re: Logo Question
PostPosted: Tue Feb 17, 2009 11:22 am 
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Koa
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Joined: Thu Jul 13, 2006 6:17 am
Posts: 1937
Location: Evanston, IL
First name: Steve
Last Name: Courtright
Focus: Build
Status: Amateur
cphanna wrote:
Chuck, why don't you talk to a lawyer about this? It's a legal question, and I don't think it's a complicated question. Don't assume it'll cost a lot.


This is an excellent suggestion.

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 Post subject: Re: Logo Question
PostPosted: Tue Feb 17, 2009 12:22 pm 
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Koa
Koa

Joined: Sat Mar 01, 2008 2:44 pm
Posts: 692
Thanks guys, I appreciate your thoughts. If I decide to stick with my initials, it will be an inexpensive bit of insurance to check with a lawyer.

Chuck

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