I have had a business say my logo looks similar to theirs and now wants me to change mine and i have worked my arse off

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

You matter is one of copyright.

As long as you can prove the original ideal of design is from your concepts you can then hold the copyright to the work that was done for your with the drawings.

Copyright is a form of intellectual property consisting of the right to control the exploitation of literary, musical, artistic and dramatic works, as well as sound recordings, films, broadcasts and published editions. Generally, only the copyright owner, or someone who has their permission, can publish, copy, perform or broadcast copyright material.

In Australia, the rights of copyright owners derive from the Copyright Act 1968 (Cth).

Who owns the copyright to a work is a complex issue, and can depend on whether it is a film, photograph or article and whether it was commissioned as part of your employment. Journalists have the copyright if their work is reproduced, academics are likely to own their copyright, and the Crown owns the copyright in works made by the Commonwealth and Australian states.

The author of a literary, dramatic, musical or artistic work is normally the first copyright owner.

Where two or more authors collaborate on a work, and the contribution of each author is not separate from that of the others, they are joint authors, and joint owners of copyright in the work (s 78). This means neither can exercise any of the rights of the owner (such as publishing the work) without the consent of the other. However, one owner can sue for copyright infringement without the participation of the other owner.

Copyright can be transferred from the initial owner to another person. Assignment of copyright must be in writing and signed by the person assigning the copyright.

There is no system for registering copyright in Australia. Ownership of copyright is automatic on the creation of the copyright material.

Copyright in literary, artistic, dramatic or musical works normally lasts for 70 years after 31 December of the year the author died (or the last author to die, in the case of works of joint ownership).

Copyright protection for an artistic work can be lost, in part, if the copyright owner allows the artistic work to be applied industrially, and articles to which the artistic work have been applied are offered for sale anywhere in the world (s 77). An artistic work is applied industrially if it is applied to at least 50 articles. For example, if an artist draws a design for a chair, once 50 chairs are made, and one is offered for sale, other people can make identical chairs without infringing the copyright of the artist’s drawing. This can be a real trap for designers and small-scale manufacturers.

To prevent other people applying an artistic work industrially, the copyright owner must register the work as a design under the Designs Act 2003 (Cth) before an article to which the design has been applied industrially has been sold. Information about design registration is available from IP Australia’s website at www.ipaustralia.gov.au.

You have a legal right to protect your interests in this situation.

If you haven't trademarked your logo or your name, you should do so immediately the following information gives you some ideas about if you have to change your trademark

Changing the mark is a good idea where it is similar to another mark.

The risk where you do not change the mark could result in a claim of passing off and misleading conduct.

Passing off and misleading and deceptive conduct usually hinge on whether or not there is a likelihood of actual deception or confusion

As example: If you try to register the business name “Widget” you will succeed if it is not registered. But where another business is already using that name and trademarked it, you would be sued for passing off and for deceptive conduct.

The claim claim under passing off is misrepresentation or misleading conduct, which comes under the Australian Consumer Law.

Misleading someone may include conduct ranging from lying to them, to making false or inaccurate claims, to creating a false impression, to leading them to a wrong conclusion, to omitting important information. Importantly, it is not necessary to establish that the trader intended to mislead or deceive. A person or corporation may have engaged in conduct that was misleading or deceptive even if they have acted honestly and reasonably. Silence may constitute misleading or deceptive conduct, but this will depend on the circumstances of the case.

There are numerous elements to passing off, and the key aspect, is to avoid similar names combined with services of the same type of the similar business.

The penalties are significant for passing off and it is best to avoid the litigation in advance.

I do suggest that for the fee of changing the marks name, it will be in your best interest to avoid a later claim.

​Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

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I kindly request that you please scroll up. I have posted a reply for you that explains your options, if you cannot see the response, I request that you refresh your screen, and where it does not show please let me know and I will repost it for you. I am here to assist you when you need.

As long as you consider that there is a difference between the logos then you don't need to send them to me the most important thing is that if you think they're different in a different and what you should do is trademark your logo to

You can trademark your logo with IP Australia and that will give you an overriding power of anyone that tries to copy your logo

No she cannot legally make you change your logo. However, I do suggest that you trade mark your logo with IP Australia.

It only cost $400 to trademark the name

Okay, you'll be okay just make sure you push back

You are welcome, and thank you for supporting the community.