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I have a question about copywright infringment. I am a

I have a question...

I have a question about copywright infringment. I am a jeweler and i make custom pieces for my customers. On of my client wanted to make a diamond studded roc a fella logo charm to wear. Which is jay z music company. I made the piece for him and when i posted on social media to show my work to my current and potential customers. I get a message from one of the co founders of the company saying thats copyright infringement and u should take the post down which i did. Now i didnt know in detail about this hence i am asking to see if there is potential exposure on my part.

Lawyer's Assistant: Do you have a registration record?

No

Lawyer's Assistant: Have you talked to a local attorney? Has anything been filed in court?

No nothing of that sort

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thats it

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Answered in 10 minutes by:
5/16/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,424
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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The answer to your question is that this would be a trademark infringement and not a copyright infringement.

And unless you received permission from Roc-a-Fella to use their logo, it would likely be an infringement. The 9th Circuit Court of Appeals has laid out some elements that you can run through with your own lawyer to determine whether you are going to respond to this infringement lawsuit.

1. The other party has to prove they have a valid, protectable trademark and that they own that trademark;

2. The other party must prove that your mark is similar and you used it without the consent of the other party in a manner that is likely to cause confusion among ordinary consumers as to the source, sponsorship, affiliation, or approval of the goods.

So, it's a factual argument they would have to make. If you have a different coloring, design, style, slogan, or have different products altogether, then those elements will likely not be met. But if you used the log as is normally known, then my recommendation would be to either get their permission or come up with something that doesn't look like it.

Because I value your input, I would like to know what other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 3 months ago
I understand that part my question is that the logo is plain and its for a company as for me and my customer they just want to customize it with diamonds and wear it around as fashion since it got so popular in hiphop and many people wanted to be like that and wanted a chain like that to wear. Now i m not using the logo on anything else. I am not saying i m associated with the company. I do custom whatever shape or form logo letter etc.. all i wanna showcase is how clean and nice my work is against other jewelers thats all

I see. So, if you're just making some enhancements to something that someone brings to you, then it's not a trademark violation. The reason is because you're not trading on that logo, but rather showing off your designs if that is the case. Thus, this isn't a trademark or copyright infringement. I had assumed that you had started the logo from scratch. If that is not the case, then you're good to go.

Did you have any other questions for me today? If not, were you satisfied with my service today:-)?

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Customer reply replied 3 months ago
No thats is all. I appreciate ur help. Thanks

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Legal Eagle
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