Guys,
The logo as below is this legal or infringement?
Thanks
http://i67.tinypic.com/v8jep.jpg
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Guys,
The logo as below is this legal or infringement?
Thanks
http://i67.tinypic.com/v8jep.jpg
Who's asking and what's the context ?
Seems a little 'cryptic'?
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I would assume that the trademark consist in the *combination* of the specific shape and the brand name, so I doubt this is particularly problematic.
Agreed, I can’t see how the shape alone would be trademarked. Of course I could be completely wrong!Quote:
Originally Posted by SplitSecond
My guess is that our Bry1975 has found a source for these perhaps and is just testing the legal waters with this demo piece ?
Shed any light on that ?
Thanks chaps.
They have used the crest shape sans text, so it could well be protected....Quote:
Originally Posted by SplitSecond
I'm pretty sure it is possible to trade mark a shape. Ironically I'm too tired right now to think of any examples!Quote:
Originally Posted by Mr Tetley
Not a good example but is the Nike 'swoosh' (their word) not just a 'shape'? Or the coca-cola wavy line?
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The buckle is clearly designed to look like a Heuer buckle (not TAG Heuer), however from all I've seen, Heuer always put HEUER in the logo.
It was only with the TAG purchase of Heuer that the logo changed to have the TAG box above the Heuer shield, and from then buckles with just the outline (with both box and shield) and no lettering appeared.
Of course none of that helps with knowing if the shield shape is protected in some way.
Just call it a 'homage'.
Isn't the tag heuer 'shape' always a rectangle with a triangle below? I.e there is a normally a line dividing the shape in two? Or is that just more modern stuff?
Edit...ignore me, I see the old heuer logo is different and gyp has provided a better answer
Shapes can certainly be registered as trade marks, and can also be protected by something called a Design Right.
The question re: possible infringement would, I believe, depend on exactly what TH have registered - easily searchable via the UK Intellectual Property web site. If they have that shape with text on the inside, they might claim that the shape is a significant element of the trade mark registration and someone using the shape (only) is still infringing by trying to 'pass off' their goods as being those of the trade mark owner. A bit like someone using Nike's swoosh without the word Nike, for want of a better example.
Either way, consult a trade mark attorney if in doubt. Expensive short term but less expensive than litigation. In my experience, most trade mark owners will have their lawyers issue a 'cease and desist' letter if they believe infringement is taking place before it gets nasty but I've heard stories of companies going straight to court - seems to depend on the country in question - so best to play it safe.
SGR