Copyright protection extends to a creative combination of otherwise unprotectable elements. In other words, creating a work that is comprised of numerous basic elements will give you protection in the entire composition even if the basic elements comprising it would not be protectable on their own.
So, if another company or person takes that composition, either in full or as a template upon which to build their own work, infringement will most likely be found. This is because, among other reasons, a copyright holder has the exclusive right to create derivative works from his or her copyrighted work.
Below, we have what appears to be such a taking.
-AttorneyScott ([email protected])
UPDATED – August 26, 2014 – Primitive, the company that provided the goods at issue in this post to Zumiez, has reached out to the artist that was knocked off and reached an agreement that is satisfactory to both parties.
A pretty straightforward rip by Zumiez of a logo designed by Tim Praetzel in 2013. Check it out.