To pose a hypothetical: IP infringement

This posted is in relation to my recent Twitter Thread

There are many different ways you could end up in trouble relating to IP and Copyright Infringement as a Freelance Logo Designer; let's pose a hypothetical, but possible scenario:

Logo Designer: Completes 3 month logo and branding project for Client, ACME-CO

Client, ACME-CO: Implements new logo and branding over several physical locations, including: exterior and interior signage, vehicle wraps, embroidered logo on uniforms, and many more physical applications.

Everyone is happy… until one year later.

Designer: Receives a panic stricken letter from Client, ACME-CO, saying they are being sued by another company CO-MEAC who have a similar logo, and can prove that this was legally registered as a ™ years ago, and are asking ACME-CO to stop using their logo, and are possibly seeking damages in relation to copyright infringement, loss of trade, brand confusion etc, etc.

Now the Designer quite probably didn't even know of CO-MEAC, given it resides in the backwater of some far away country, but regardless, CO-MEAC are not happy that ACME-CO are using a very similar logo.

Even the Designers logo came about through a proven, legitimate and proven brainstorming process, it just so happens to share similar characteristics to CO-MEACS logo (more than one person in the entire world CAN have the same idea, you know, it does happen)

Regardless of it being accidental or deliberate plagiarism, the Designer is now in a very precarious situation, as could well be financial liable for all the initial branding costs that ACME-CO incurred in setting their new company up, and are now faced with possible litigation, or rebranding. Designer might also be the target for legal action direct from CO-MEAC, so the Designer has both CO-MEAC and ACME-CO bearing down.

The Designer is likely to bear the brunt of all these costs, which could easily be in the £100,000's, but also having to deal with all the stressful legal backwards and forwards that these things typically incur.

If, as a Freelance Logo Designer, that scenario scares you, then good, because it should scare you. It's a very real possibility, and to not have any kind of Legal Protection is just crazy in this day and age.

I can recommend a very good UK Insurer, if you are interested, so get in contact with me if you'd like more information.


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