Trademark Violation or Not? You Decide
May 10, 2008 by Susan Gunelius
Filed under Marketing
The question – are these two logos a bit too similar?
Phorm Design, a Sheffield, England-based design agency with three employees, created their logo first (three years ago).
Phorm (the big online advertising company that’s traded on the London Stock Exchange) changed its name about a year ago and this logo came about as part of the name change.
So what do you think? Are these logos a little too close for comfort? The companies are in slightly different businesses. Do you think this would be a trademark violation or not?
Images: Phormdesign.co.uk and Phorm.com
A bit too similar? Looks to me as if green phorm traced red phorm with a faulty ball-point pen! And the industries usually overlap. So is red phorm suing?
No lawsuit has been filed yet, but Phorm Design’s CEO has been thinking about it according to The Register.
And what does green Phorm have to say? It’s all in their minds? Good grief, there isn’t even any subtlety. Seriously, Do you have a link ot the story? I’d love to read/follow it. I’ve always enjoyed corporate levity:)
Hi Miki, follow the link in the post that says “trademark violation” to go to the original story (it adds British humor that is particularly funny).
Definitely too close. I’d sue.
I’d say sue and it’ll only add to Phorm’s troubles (also described in The Register) as this controversial adware company may have been illegally tracking millions of British Telecomm broadband users. Virgin Media, a potential client of Phorm’s, has also been quick to clarify their business relationship with Phorm and their statements seem to contradict the nature of the relationship as described by Phorm’s CEO. It sounds like Phorm is stating their engaged, while Virgin Media says their only dating, but not seriously.
I was reading throught the comments on the story and what struck me was the great writing involved. Great word usage and incredible humor. Much better than the four-letter rants I read over here.
Miki,
You’ve got to love the English, their proper grammar and ironic sense of humor. I enjoy reading the comments on The Register almost as much as the articles that prompt them.
I cannot see how this example could not be an infringement of Intellectual Property. I’d hire a large corporate law firm and have them negotiate an out-of-court settlement with phorm. I think phorm design would get a significant one.
Geez everyone, get off your sueing hobbyhorses and paying legal for a ride. Trademark violation?… similar typeface and one’s got chunks out out of it – I think Phorm.com should throw it back at their designer who didn’t do his homework, nor a very very good job. yawn. i also don’t think either will benefit or loose out in business based on the ambiguity in question.
As for Phormdesign – isn’t plagiarism the most sincerest form of flattery? Capitalise on that.