Legal Question in Intellectual Property in Illinois
To know if one company can fight for it's logo(2D) , when other one is using a similar logo(3D)?
the logo by the other company is similar but has different colour and resembles the original logo exactly in colour and shape in if it's projected on a particular plane ;however on a first glance it does not resemble the logo of previous company. Does the second company liable to be sued and if yes what are it's chances of winning?
1 Answer from Attorneys
First it depends on whether these are registered in any way (esp. federal). Secondly it depends on whether they are actually being used by the business. Third, it REALLY depends on whether a reasonable person would be confused by thinking that the logo for one company is the logo for another. Fourth, whether you can prove any business is being diverted or likely may be diverted -- consumer confusion is basically what you use to prove that. So, too much missing information......
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