How to deal with a copyright/trademark issue on Facebook.

[sim667]

Dealing with a copyright/trademark issue on Facebook.

So I've got two friends, lets call them A and B. A runs a small custom cake maker, and B is a graphic designer who made the logo for A.

A is casually surfing Facebook one day and discovers that a racist cunt (we'll call her RC) is making racist comments on Facebook pages and is using A's logo as her profile banner and profile picture. A contacts RC and asks her to remove them, RC removes the banner, but continues to use the profile picture. RC also blocks A, so A can no longer communicate with her.

A is obviously pissed off, and has asked my advice, but I'm not great with trademarks, I tend to be more aware about copyright. A hasn't officially trademarked the logo, but did commission the work and paid for it.

B doesn't actually know her copyright is being infringed yet, and I'm assuming B will want to act, but what is the best process for it to be dealt with..... Its obvious if B contacts RC, RC will block B and ignore her request.

Its pretty obvious that B has a stronger complaint than A, but without an address for RC, it can't be dealt with using a cease and desist letter as normal.....?

 

[Pickman's model]

Dealing with a copyright/trademark issue on Facebook.

So I've got two friends, lets call them A and B. A runs a small custom cake maker, and B is a graphic designer who made the logo for A.

A is casually surfing Facebook one day and discovers that a racist cunt (we'll call her RC) is making racist comments on Facebook pages and is using A's logo as her profile banner and profile picture. A contacts RC and asks her to remove them, RC removes the banner, but continues to use the profile picture. RC also blocks A, so A can no longer communicate with her.

A is obviously pissed off, and has asked my advice, but I'm not great with trademarks, I tend to be more aware about copyright. A hasn't officially trademarked the logo, but did commission the work and paid for it.

B doesn't actually know her copyright is being infringed yet, and I'm assuming B will want to act, but what is the best process for it to be dealt with..... Its obvious if B contacts RC, RC will block B and ignore her request.

Its pretty obvious that B has a stronger complaint than A, but without an address for RC, it can't be dealt with using a cease and desist letter as normal.....?

i would have thought that if a commissioned and paid for the work then a has the copyright. if this is the case then a has a rather stronger case than b. but anyway if rc won't listen then i suspect your friend/s would need to contact facebook, who would have ways to make rc listen.

 

[sim667]

i would have thought that if a commissioned and paid for the work then a has the copyright. if this is the case then a has a rather stronger case than b. but anyway if rc won't listen then i suspect your friend/s would need to contact facebook, who would have ways to make rc listen.

I don't think there's a formal agreement as A and B are very good friends, so legally the copyright lies with A as I can't imagine a license to use has ever been signed and handed across.

 

[Winot]

Dealing with a copyright/trademark issue on Facebook.

So I've got two friends, lets call them A and B. A runs a small custom cake maker, and B is a graphic designer who made the logo for A.

A is casually surfing Facebook one day and discovers that a racist cunt (we'll call her RC) is making racist comments on Facebook pages and is using A's logo as her profile banner and profile picture. A contacts RC and asks her to remove them, RC removes the banner, but continues to use the profile picture. RC also blocks A, so A can no longer communicate with her.

A is obviously pissed off, and has asked my advice, but I'm not great with trademarks, I tend to be more aware about copyright. A hasn't officially trademarked the logo, but did commission the work and paid for it.

B doesn't actually know her copyright is being infringed yet, and I'm assuming B will want to act, but what is the best process for it to be dealt with..... Its obvious if B contacts RC, RC will block B and ignore her request.

Its pretty obvious that B has a stronger complaint than A, but without an address for RC, it can't be dealt with using a cease and desist letter as normal.....?

Legal answer:

- There's no cause of action in relation to trade mark rights unless RC is passing off (A must have a reputation and there must be a misrepresentation and damage). Difficult to prove and expensive.

- Sounds like copyright infringement though. B probably owns the rights unless there was an agreement to assign to A.

Practical answer:

- Contact Facebook and get them to handle. Your friends are unlikely to get anywhere with RC directly. A cease and desist letter will cost £500.

- Tell your friend to register her trade mark! She can do it herself here or I can help (I'm a TM attorney).

 

[Pickman's model]

i suspect your friend/s would need to contact facebook, who would have ways to make rc listen.

- Contact Facebook and get them to handle. Your friends are unlikely to get anywhere with RC directly. A cease and desist letter will cost £500.

brilliant minds think alike

 

[sim667]

Legal answer:

- There's no cause of action in relation to trade mark rights unless RC is passing off (A must have a reputation and there must be a misrepresentation and damage). Difficult to prove and expensive.

- Sounds like copyright infringement though. B probably owns the rights unless there was an agreement to assign to A.

Practical answer:

- Contact Facebook and get them to handle. Your friends are unlikely to get anywhere with RC directly. A cease and desist letter will cost £500.

- Tell your friend to register her trade mark! She can do it herself here or I can help (I'm a TM attorney).

This woman is also running a cake business, and seems to be stealing other companies logos to do so.

The new logo she posted up is one that is obviously from a design your own logo website, but you can tell she hasn't paid for it, because when you enlarge it its got the "proceed to checkout" button underneath

I'm going to give A the link to this thread, so she can see suggestions.

 

[Winot]

This woman is also running a cake business, and seems to be stealing other companies logos to do so.

Ah right - that puts a new complexion on it (though probably doesn't change the legal position).

 

[sim667]

It wouldn't be so bad if she wasn't posting shit like this with it too..... (middle comment in screen grab).

 

[alcopop]

It wouldn't be so bad if she wasn't posting shit like this with it too..... (middle comment in screen grab).

They should all be "out in a has chamber"

 

[wiskey]

my friend runs a fb shop selling handmade soft toys, she's had all sorts of issues with people stealing her images/designs/name/logo ... her best course of action seems to be to get all the other crafty people shes friends with to write all over their wall that they've stolen stuff, and also to go onto the various craft selling sites (etsy etc) and tell them she's an imposter which shuts down those avenues of sale.

I'm not sure fb has ever helped.

 

[Winot]

my friend runs a fb shop selling handmade soft toys, she's had all sorts of issues with people stealing her images/designs/name/logo ... her best course of action seems to be to get all the other crafty people shes friends with to write all over their wall that they've stolen stuff, and also to go onto the various craft selling sites (etsy etc) and tell them she's an imposter which shuts down those avenues of sale.

I'm not sure fb has ever helped.

You can get a registered trade mark for a couple of hundred quid. Obviously legal advice costs more (and is only worth it if you are making enough money to justify the cost).

 

[wiskey]

You can get a registered trade mark for a couple of hundred quid. Obviously legal advice costs more (and is only worth it if you are making enough money to justify the cost).

She has trademarks and CE marks for her toys, that doesn't stop people ripping off her designs

 

[Winot]

She has trademarks and CE marks for her toys, that doesn't stop people ripping off her designs

Unregistered design right is her friend.

 

[Stanley Edwards]

You have to register a Trademark to protect it unless you can claim Copyright to the 'trademark'.

 

[Stanley Edwards]

e.g.

Let's make it obvious. Cocacola is a registered Tradename, and has many registered Trademarks. The shape of the bottle (the classic bottle) alone is a Trademark. Under automatically granted Copyright the shape of the bottle is a bit ambiguous without the Cocacola name, or registered mark.

In the instance of the OP, the creator of the graphics has total control and authority of reproduction in any context unless they have signed a contract to hand rights over to the purchaser.

Anyone using the logo for any purpose is subject to infringement of Copyright. This has absolutely nothing to do with Trademark ownership, because you don't state that anyone has registered a Trademark I am assuming it is irrelevant.

The bigger legal issue is defamation. This is the publishers liability. i.e. Facebook.