A company has copied my logo. How can I take action against this?
September 8, 2023 | 50,00 EUR | answered by Johann Kock
Dear Media Law Attorney,
My name is Emilia Zollmann and I have been running my own business for some time, for which I have designed a custom logo. Recently, I have discovered that another company has copied my logo and is using it for their own purposes. This has made me feel violated in my creative work and intellectual property.
I have already tried to address the company directly and ask for a solution, but my concerns were ignored. Therefore, I am wondering how I can legally proceed against the unauthorized use of my logo. What steps can I take to protect my intellectual property and force the company to cease and desist?
I am worried that the copy of my logo could harm my business and therefore I would like to find a solution as soon as possible. Are there legal actions that I can take to hold the company accountable and claim damages? What are my chances of winning such a case in court?
I appreciate your support and advice in this matter.
Sincerely,
Emilia Zollmann
Dear Mrs. Zollmann,
Thank you for your inquiry regarding the unauthorized use of your logo by another company. As a media law attorney, I can understand that you feel violated in your creative work and intellectual property. It is important that you uphold your rights as the creator and take action against the unauthorized use of your logo.
First of all, it is positive to hear that you have already tried to address the company directly and ask for a resolution. Unfortunately, it is not uncommon for such inquiries to be ignored. In such a case, it is advisable to take legal steps to protect your intellectual property.
To address the unauthorized use of your logo, various steps can be taken. First of all, you should gather evidence to prove that the other company has actually copied your logo. This can include screenshots, photos, or witness statements.
You can then send a cease and desist letter to the company, demanding that they stop the unauthorized use of your logo and potentially pay damages. In the letter, you should clearly state which rights have been violated and what demands you are making.
If the company continues to not respond or continues the unauthorized use of your logo, you can hire a lawyer and apply for an injunction. With an injunction, you can force the company to immediately stop using your logo until a final decision is made in a court proceeding.
In a court proceeding, you can then sue for injunction and damages. The success of such a proceeding depends on various factors, such as the evidence, the legal situation, and the strength of your argument. An experienced media law attorney can support you in this process and help you enforce your rights.
In conclusion, it is important to protect your intellectual property and take action against violations. I am here to support you and help you enforce your rights.
Sincerely,
Johann Kock, Media Law Attorney
