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.