Legal Question in Intellectual Property in

Re: Almost Identical logo

I need more information, but the answer is likely yes. Copyright and trademark rights both attach automatically without registration, so the town has those two rights. The test for copyright infringement is a substantial taking of the copyrighted work, which it sounds like you admittedly would be doing. The test for trademark is likelihood of confustion, which it sounds like you would be generating.

I advise you not to do what you propose. I think it is frought with legal peril.

Re: Almost Identical logo

Trademark (or more generally, "mark" which includes service marks) law is what you must be thinking of; the logo is not likely to be copyrightable.

Instead of asking the question "where did this come from" as you do under copyright law, you ask whether the use by the newcomer impinges on the first user's 'business' (so to speak). This is my own wording only, not technical legalspeak.

I believe that a town may have trademark even though generally what belongs to the town is public property of some sort. The government (Fed., U.S.) has two that I know of, one being Smokey the Bear. (It's an infringement to start putting Smokey's picture on the campfire or fire extinguisher you may wish to sell.) There's some other animal, too, I forget who. So I should think that a municipality would be able to hold some an intellectual property right as well.

Proof of damages may be difficult; you want an injunctive relief order, probably.