Business with logos worried about copyright!

Lyza

First, you have posted WAY TOO MUCH information (specifically, the images) on this general forum.  Contact an attorney before you go forward and invest money when you are unsure of how to proceed rather than go after general advice on any public forum when you don't know the identity of the advice giver.  In the long run, a qualified trademark attorney will save you money by helping you make the right decisions.

I am not an attorney, but to my knowledge, you will have a problem if the Idol franchise, Ferrari, and Jack Daniels feel that you are trying to benefit from their established goodwill in their known brands, which I think is pretty obvious.  They will go after you because not going after you could cause dilution of their marks.

In addition, I believe that the story of changing any design by "10%" or any percentage to be an old wives tale.  It's a question of confusion in the marketplace, but if I have misspoken, an attorney will correct me.

bcapehart

To add to Lyza's comments, in the US, there is a concept called trademark dilution.  It is akin to trademark infringement.  Infringement requires consumer confusion.  Dilution does not.  It is the slow erosion of a famous trademark's uniqueness.  For example, the famed "golden arches" of McDonalds (http://tess2.uspto.gov/bin/gate.exe?f=doc&state=m3m17e.12.702)  If a landscape business names Mitch's starts using the golden arches, chances are there would not be any consumer confusion, but McDonald's would probably not be happy and try to stop this use by claiming dilution of their mark.

You may not be infringing these companies marks, but you would be at risk for dilution.  I would concur with Lyza.  You should discuss your situation with an attorney.

Lyza - I would agree with your comments about the "10%".  There is no basis in law for that belief.  Everything stands on its own facts and circumstances.

I hope this helps.
Brent

JSonnab...

My first reaction was actually quite different.  I think she likely falls under the "parody" fair use exception to trademark infringement.

- Jeff

bcapehart

Jeff - Point well taken.  The "parady" fair use exception would be a reasonable argument in defense.  Is it dilution or a parody?  Unfortunately, the answer would probably come of the expense of redelle's pocketbook.

Brent