dothedew23
Addicted to Softballfans
I'm looking for a single hat to be made. 404m style. Burgundy front and burgundy brim. Cleveland Cavaliers logo. Please email me at [email protected] if you can help. Thanks
Linda Joy Kattwinkel said:Under copyright law, the standard for infringement is “substantial similarity.”
Copyright infringement occurs when your new work incorporates artistic expression from the original, even if it takes only a small part of the original work, and even if you add a lot of your own original expression.
Linda Joy Kattwinkel said:The standard for trademark infringement is “likelihood of consumer confusion,” or for short, “confusing similarity.”
Trademark law is not concerned about whether artistic expression has been copied. Rather, trademark law protects how a logo functions as a brand name, that is, to designate the source of goods or services. A new logo is confusingly similar to the original logo if consumers who encounter it might believe that it represents the same company. This is generally analyzed by looking at the similarity of the logos, the similarity of the parties’ respective goods and services, and several other factors, such as the strength of the original logo’s reputation, the relative sophistication of each party’s customers, etc.