LOGO COPYRIGHT INFRINGEMENT

[Cautious optimism]

We are starting a new financial insurance/advisory/consulting business in Florida. We had the designers do a very nice design with the name of our company in big bold gold letters on a maroon square field. The concern is in the background, we have a lion’s head similar to the one the Ritz hotel uses. There is no crown, the mane is larger and elongated and there is no tongue but the outline of the lion is similar. The color of the lion is black not white as the logo is typically. The lion is in the background of the name of the company with the last word (of the company) incorporated at the bottom of the head and mane. Just to give further perspective and not confuse, the first letters of the company name are as large as the lion’s head, lay on top of it and are in gold.

Many could argue the lion’s head gets lost behind all of the letters and is a totally different lion’s head and industry of the hotel logo but we wanted to be sure.
Thank you

[able1]

If it confuses anybody or others say it looks like the Ritz then you have an issue.

There is no 100% rule--use your judgment.

I do not think it is going to be a problem. The whole idea behind trademarks is to avoid consumer confusion regarding the source of a product. So there would be a problem if someone came out with a soda but called it pepsii (with 2 i's) and used similar packaging. However, there is no problem coming out with a consulting company called pepsi. The point is, as long as you are in a different industry and do not offer a similar line of products there is nothing to worry about.

Check out other financial/insurance companies and see if any have a similar logo. If they do and they are unregistered, you will be able make a successful claim against them (most likely anyway - they may win if they can prove they have promoted the trademark as theirs sufficiently for an adequate period of time). If you decide to take up a claim or want to prevent another claims against you, definitely seek professional help. Here is a link to a company that does some of this stuff. Copyright Enforcement | General Patent Corporation. Their page has a lot of good information outlining your options. Hope this helps!

[Cautious optimism]

Thank you "Able1" & "Unregistered" for your feed back but I am still a little unclear between the two of you.

I understand the "two different industries" theory with "Pepsii" and agree as there are many different examples of names and/or logos that are similar but i wanted to be sure. Also, I understand it may be an issue if it is the same "Lion" which was custom made for the hotel giant. The question becomes is it an issue if it is the same "Lion" hidden behind the letters of our insurance company's name in different colors.

Thanks in advance for any feedback as this is somewhat complex.