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| Logo Question http://www.luthiersforum.com/forum/viewtopic.php?f=10101&t=21054 |
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| Author: | ChuckB [ Sun Feb 15, 2009 12:44 pm ] |
| Post subject: | Logo Question |
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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| Author: | Frank Cousins [ Mon Feb 16, 2009 4:52 am ] |
| Post subject: | Re: Logo Question |
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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| Author: | ChuckB [ Mon Feb 16, 2009 6:19 am ] |
| Post subject: | Re: Logo Question |
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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| Author: | ChuckH [ Mon Feb 16, 2009 9:48 am ] |
| Post subject: | Re: Logo Question |
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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| Author: | ChuckB [ Mon Feb 16, 2009 12:31 pm ] |
| Post subject: | Re: Logo Question |
Thanks Chuck, Sounds interesting, I'll have to play around with that! Chuck B. |
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| Author: | Darrin D Oilar [ Mon Feb 16, 2009 4:30 pm ] |
| Post subject: | Re: Logo Question |
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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| Author: | ChuckB [ Mon Feb 16, 2009 8:16 pm ] |
| Post subject: | Re: Logo Question |
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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| Author: | PaulB [ Mon Feb 16, 2009 8:32 pm ] |
| Post subject: | Re: Logo Question |
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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| Author: | Greg [ Mon Feb 16, 2009 10:45 pm ] |
| Post subject: | Re: Logo Question |
Good advice. "Charles B***** Hand Crafted Instruments" sounds pretty classy. |
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| Author: | cphanna [ Tue Feb 17, 2009 10:43 am ] |
| Post subject: | Re: Logo Question |
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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| Author: | SteveCourtright [ Tue Feb 17, 2009 11:22 am ] |
| Post subject: | Re: Logo Question |
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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| Author: | ChuckB [ Tue Feb 17, 2009 12:22 pm ] |
| Post subject: | Re: Logo Question |
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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