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Thomas Swartz
Thomas Swartz, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3122
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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I have a logo that is inspired by a famous artist, Basquiat.

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HI there! I have a logo that is inspired by a famous artist, Basquiat. It is the the recognizable crown. Though, through my research online and even the copyrighted database I have found that image is indeed copyrighted but not the modified version I have created- which is a different color.
JA: Do you have a registration record?
Customer: I'm sorry, what is that?
JA: Has anything been filed or reported?
Customer: I have an EIN number As for the artist, yes The record for the image is his name attached to it let me see if I can recover the link
JA: Anything else you want the lawyer to know before I connect you?
Customer: I would like to know if I am cleared to continue the use of my logo.
Customer: replied 2 months ago.
Here is the information that I have gathered regarding the copyrighted image:
https://trademarks.justia.com/769/78/jean-michel-76978977.html
And also here's my logo attached.Let me know if you need any additional info.
Thanks!

Hello JACUSTOMER,

The issue in any trademark infringement litigation is whether or not there would be consumer confusion as to the source of the goods or services represented by the allegedly infringing trademark.

The trademark of the Basquiat estate consists of two elements: (1) the crown, and (2) the stylized words "JEAN-MICHEL BASQUIAT."

As I look at your logo, I see the crown, the words, "Staylit, Love" and an image of a light bulb.

Given that your logo contains the completely different elements of the words "Staylit, Love" and the image of a light bulb, I don' think that there is any chance that a consumer would be confused that whatever goods of services are represented by your logo would be confused with the goods of Basquiat.

Images of crowns are pretty ubiquitous. So, the fact that both logos have a similar looking crowns is, I believe, inconsequential. The really distinguishing feature of the Basquiat trademark is the stylized words "JEAN-MICHEL BASQUIAT." And similarly, the distinguishable features of your logo is the words "Staylit, Love", and the light bulb.

Also, you should note that trademarks apply to specific classes of goods. So if your logo represents a class of goods different from those offered by Basquiat then there is even less of a chance of consumer confusion.

So, it is my personal opinion that there would be very little risk of you being held liable for a trademark infringement.

Of course, nothing is guaranteed, and the best way to protect yourself, is to apply for your own trademark for your logo. And if you are granted a trademark this would remove the possibility of consumer confusion.

Thomas

Thomas Swartz and other Intellectual Property Law Specialists are ready to help you
Customer: replied 2 months ago.
Thank you!!!

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