Unbeknownst to many, there is a big difference between trademark and copyright law. While copyright law protects the artist, and allows her to exclusively exploit her original work, trademark law is is in place to protect the consumer. For example, if you buy a hat with a Nike swoosh across it, you need to be able to trust that the hat is authorized and was created by Nike at one of its factories, and not by AttorneyScott in his garage. In other words, trademark law ensures that consumers can purchase goods from companies they trust. If someone else attempts to brand their goods with a mark that might confuse the consumer as to who created the good, trademark infringement is the claim.
Below, you will find a logo that appears to be very similar to that of a prior user. Would seeing this on a shirt or a hat or a bag confuse the consumer into believing it was a Johnny Cupcake product, or affiliated with Johnny Cupcake?
I was browsing a sticker site where I am getting a few stickers made and came across this:
This is the Mindless Tees logo who have said they started up in 2011.
This is the Johnny cupcakes logo. Johnny cupcakes goes back to at least 2000.
I generally don't really chase down things like this but I really felt compelled to put this obvious logo theft take place.
Keep buying Johnny, he's the original.
The below example illustrates what lawyers and judges refer to as the "idea-expression" dichotomy. Basically, it is perfectly legal to be inspired by the idea or ideas behind another author's work, but it is illegal (a violation of the Copyright Act) to take the original expression from the work of another. Where does the line get drawn? That's up to the Judge, but this case appears to me to be one where the expression has been lifted. Agree?
Infamous Apparel (owned by department store Tilly's) stole a design I did for the Salvation Army's Wardrobe Apparel. It is currently on their store racks.
100% of the proceeds generated from TSA's clothing is donated to people in dire need, world wide. People holding onto their lives depend on this kind of support. For shame, Tilly's, taking money away from those in need. Have you no heart?
My original design:
Their design (notice they didn’t even bother changing much):
I rang the distributor Tempo Australia and after one phone call they have decided to try and get away with it. No response to emails and no returning of phone calls.
Very disappointing, and they we wouldn't notice!!
Michael Creatz rip:
Shojono Tomo original:
As of September 14th, Michael Creatz acknowledges use and sale of the design without permission, and claims: "I’m not stealing anything. I gave credit to Shojono Tomo for the design and to Nicki Minaj as well... I know what the law is, that is why I gave full credit…" - via Facebook.
This post originally appeared on Fuck You Ripper
Hey guys. This is the first post on FYR and boy do we have a doozy right out of the gate. Meet Brandon Day. Brandon is a "graphic designer" from Kentucky who owns and operates a clothing company called Invocation.
Brandon's body count includes tracing artwork, stealing entire designs, and even stealing code from competitor's websites.
It should be noted that it would be hard to find any remaining evidence against Brandon because once he knew the art community was on to him, he dumped everything and shut down his store. Luckily we were able to get facebook to shutdown his page and get screen shots of everything before it was deleted. Lets take a look!
Matthew Skiff did this design for Ruckus Apparel. Brandon Day live traced the skull and deleted the pupil and spade.
I am sorry to say that I believe my friendly neighborhood cafe ripped off their logo (right) from the Rocket Dog shoe logo (left). Can't say for sure since I don't know how long the shoe logo has been in use, but Rocket Dog predates the cafe as an entity by about 10 years.
What do you think? It's clearly not just a cut-and-paste job but it's so, so similar I can't believe it's just a coincidence.
First spotted in an outdoor outfitter store, this little icon started popping up on Eddie Bauer sleeping bags in 2010. It's been hard to track online because it doesn't appear on the Eddie Bauer website. There are however multiple examples on Amazon posted by Eddie Bauer: Exhibit A, Exhibit B
There is no doubt that this is not an exact copy of the icon, because it is inverted horizontally... but COME ON! Maybe they thought it was a new icon up for grabs, but they definitely didn't check into it first!
For the sake of full disclosure, I have to admit that this hit a little close to home, because I was a part of the team that designed the original Sustainable UF logo. It was designed in 2008 by a group of design students at the University of Florida in the Mint program (a student-run graphic design studio). See the Sustainable UF logo in these porfolios:
First posted by Logo Design Love (thought they wouldn't notice)
Villa dos Inglezes not so subtle homage to her Majesties' mark.