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 Post subject: Should I be concerned?
PostPosted: Mon Sep 14, 2009 8:57 am 
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There's this karaoke business in Texas who is using this logo:

http://www.howlatthemoonkaraoke.com/

Of course you see mine... for a better view go here:

www.thekaraokekoyote.com

I have my logo registered, and copyrighted, but should I say something? I mean they are in Texas. I know I'm NEVER going there... and it is unlikely they are coming to Maryland... so is it worth the time and effort to say something?

Thanks.

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PostPosted: Mon Sep 14, 2009 9:09 am 
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Wow, very, very similar. And fitting for both companies. I don't know if you'd have to do anything. I don't think it's worth it personally. You're not a national company. I mean if you're in some national contest thing all the time, maybe. But an email / letter is about all I'd suggest if anything. Have it say like you told us, that it's a registered logo and you don't want to do any legal action. See if they volunteer to change it up. But from my view, and myself only being a singer in an unrelated family business, I'd let it go.


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PostPosted: Mon Sep 14, 2009 9:10 am 
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:) Not really.. This gal is in portland we email each other and if either one gets near we plan to visit. I would host her show for nothing..

cabaretkaraoke

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PostPosted: Mon Sep 14, 2009 9:13 am 
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Small world
I wouldn't worry about it either.

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PostPosted: Mon Sep 14, 2009 9:19 am 
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Maryland vs Texas ... I wouldn't bother either

In fact you may want to contact them and introduce yourself ...maybe they have their logo registered too ?


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PostPosted: Mon Sep 14, 2009 9:41 am 
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I have to agree with the others here. They are too far away to be a problem. Plus, their logo is only like yours in spirit, it's not a copy or derivitive. I don't think there is a copyright or trademark infringement issue here.

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PostPosted: Mon Sep 14, 2009 9:45 am 
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I think you should be concerned :

http://images.google.com/images?hl=en&s ... f&oq=&aqi=


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PostPosted: Mon Sep 14, 2009 9:56 am 
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jamkaraoke @ Mon Sep 14, 2009 9:45 am wrote:


ha, ha. But truthfully, when I came up with this 2 years ago I googled "howl at the moon" (among other things) to see if there were any KARAOKE businesses already using such a logo, (or "Koyote")and the answer was no.

certainly, there is a bunch of "howling coyotes" out there, but how many "Koyotes" with music notes coming out of their snout and in the karaoke business?

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PostPosted: Mon Sep 14, 2009 10:00 am 
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Dave do you know what happens when you drink too many salty dogs? LOL

Many things but sometimes you find yourself barefoot in a snowbank howling at a full moon. ROFL

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PostPosted: Mon Sep 14, 2009 11:20 am 
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Honestly, how important is your copyright to you? You might actually want to consult with a copyright lawyer. As I recall, to maintain the validity of your copyright you have to diligently defend it. I'm not sure if that other logo is similar enough but since it is being used in the same industry it might be worth talking to an expert in that area. Would suck if down the road someone duplicated your logo and used this as a case where you didn't properly defend your copyright to justify their own use of it.

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PostPosted: Mon Sep 14, 2009 11:26 am 
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I would definitely contact them and let them know that they are infringing on your copyright and ask them to cease and desist.
Why would you bother to copyright it if you're not going to defend it?


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PostPosted: Mon Sep 14, 2009 11:27 am 
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They do look similar.


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PostPosted: Mon Sep 14, 2009 11:52 am 
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Maybe in 5 years with thousands of $$$ spent you could loose anyway.
Take it as a compliment.

PC World sell a Philips Laptop.
Has the usual Philips Logo.
Guess what....
Philips simply say "Yes we are aware of it but it is nothing to do with Philips" :shock:


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PostPosted: Mon Sep 14, 2009 1:15 pm 
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jamkaraoke @ Mon Sep 14, 2009 12:19 pm wrote:
Maryland vs Texas ... I wouldn't bother either

In fact you may want to contact them and introduce yourself ...maybe they have their logo registered too ?


I've got to agree. It would truly suck for you to find out that they are registered longer than you and turn the tables on you and sued you. Perhaps you could do some detective work to see how long they have been around but when it comes to copyrights, being of like design but not exact is very gray area. Take for example Walgren and Walmart, simular names and both retail stores and no one is screaming. My opinion is to just let it go. I hate to be the one to wake a sleeping giant.

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PostPosted: Mon Sep 14, 2009 1:20 pm 
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I wouldn't do anything. There's a guy in Vegas that uses my name as well. I have had mine since 1998 when I discovered a karaoke label with my original name Starmaker Entertainment. Didn't want to be mistaken for the manufacturer so I changed it to Danny G's Karaoke. Note I had beeen going by the stage name of Danny G since 1989 so I figured the name fit.

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PostPosted: Mon Sep 14, 2009 1:53 pm 
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I'm no lawyer but, i don't see the circle c (copyright logo) on your T-shirt.

Copyright law states that the circle c must be on everything. You could have forfitted your copyright.

Although similar in appearance. His company name is different. They are not representing themselves as you or affiliated with you or anyone else.

What about the karaoke banner you plegurised by adding koyote under the word karaoke at the bottom of your web page?

The wolf or koyote sittng at midnight on a rocky outcrop silhouetted baying at a full moon is drawn on cave walls by people that lived 10,000 years ago. Hardly original. So the odds of someone innocently using that image or a similair one for their logo isn't that far fetched.

Since he is in a different state 1000 miles away and not pretending to be you to get jobs or steal your jobs....What would it cost you and what would you gain?

However since you did go to the time & expense of copyrighting it...the question is how big of a deal is it? Is it hurting you financially? Does anyone think you are them? :angel:


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PostPosted: Mon Sep 14, 2009 2:05 pm 
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I'd visit a copyright attorney for guidance. The question tho, is the date of the copyright--maybe THEY copyrighted thiers before yours!

And Angel did have a valid observation---your emblem didnt have the copyright C in circle next to it. So you may have to revise your emblems, etc.

This occurs frequently with bands...website names, band names, etc etc. Duplicated names that apparently nobody checked on before they started using it.

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PostPosted: Mon Sep 14, 2009 2:29 pm 
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I think your copyright infringes on public domain.

How much did it cost you.


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PostPosted: Mon Sep 14, 2009 2:33 pm 
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angel910 @ Mon Sep 14, 2009 2:53 pm wrote:
I'm no lawyer but, i don't see the circle c (copyright logo) on your T-shirt.

Copyright law states that the circle c must be on everything. You could have forfitted your copyright.


Absolutely wrong.

Under copyright laws that were in effect before 1978, a work that was published without copyright notice fell into the public domain. If the work did not include the word "Copyright" or a (c) (a "c" in a circle) and the name of the copyright owner, the work would be injected into the public domain. This rule was repealed and copyright notice is not required for works first published after March 1, 1989 (although works first published prior to that date must still include notice). Just because you find a copy of a book without a copyright notice doesn't mean that the work is in the public domain. It's possible that the copy you are viewing is unauthorized or that the notice has only been removed from a very small number of copies, both of which are excusable. It is also possible that the author followed a copyright law procedure for correcting the error. Finally, if you're using text from a journal, anthology, newsletter or magazine published before March 1, 1989, check to see if there is a copyright notice either for the individual article or for the whole publication. Either type of notice will prevent the work from falling into the public domain.


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PostPosted: Mon Sep 14, 2009 2:53 pm 
The wolf on the offending image is singing a different song than your wolf (and clearly two different wolves), I think yours is a female singing a white trash version of Shania. Now if you could prove they were singing the same song ...


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