MLS: Our Similar Logo is Just a Coincidence

[DCarp1231]

MLS: Hey man, can I copy your homework?

 

Chris Creamer: Yeah, just don't make it obvious 

[Gothamite]

Yeah, but if that happened here, the student who copied got a better grade.  

[Sykotyk]

The one slash goes through the entire roundel, CCSLC doesn't. CCSLC also has that quirky extra 'point' for the bottom left corner of the star that the other doesn't. Also, the maple leafs are different. It's not like they just slapped down CCSLC's logo and removed the little extra point and extended the slash. The slash is a different angle, the maple leaf is different, the annoying extra point is not there. And the slash goes through the whole thing.

 

If CCSLC is the first to associate a maple leaf with Canada and a star with the U.S., then you might have something. But this is arguing Microsoft has the right to the word Windows because it's a common term to their software.

 

Only that bottom left superfluous point is 'original', and the MLS logo lacks it.

[Cosmic]

3 hours ago, Sykotyk said:

The one slash goes through the entire roundel, CCSLC doesn't. CCSLC also has that quirky extra 'point' for the bottom left corner of the star that the other doesn't. Also, the maple leafs are different. It's not like they just slapped down CCSLC's logo and removed the little extra point and extended the slash. The slash is a different angle, the maple leaf is different, the annoying extra point is not there. And the slash goes through the whole thing.

 

If CCSLC is the first to associate a maple leaf with Canada and a star with the U.S., then you might have something. But this is arguing Microsoft has the right to the word Windows because it's a common term to their software.

 

Only that bottom left superfluous point is 'original', and the MLS logo lacks it.

You could have grown up on a desert island, and developed your new OS completely independent from the outside world, but you would still get a lawsuit from Microsoft if you tried to call it "Windows" when you returned to civilization.

 

If MLS successfully trademarks that logo, then Chris wouldn't be able to sell anything like my CCSLC hat to raise money for the site in the future.

[dont care]

5 hours ago, Sykotyk said:

The one slash goes through the entire roundel, CCSLC doesn't. CCSLC also has that quirky extra 'point' for the bottom left corner of the star that the other doesn't. Also, the maple leafs are different. It's not like they just slapped down CCSLC's logo and removed the little extra point and extended the slash. The slash is a different angle, the maple leaf is different, the annoying extra point is not there. And the slash goes through the whole thing.

 

If CCSLC is the first to associate a maple leaf with Canada and a star with the U.S., then you might have something. But this is arguing Microsoft has the right to the word Windows because it's a common term to their software.

 

Only that bottom left superfluous point is 'original', and the MLS logo lacks it.

While details are different the average person could look at both logos and easily get confused. If it went to court Chris would easily win based on the similarities and the fact that both are used in the realm of community sport logos.

[El Scorcho]

8 hours ago, Cosmic said:

You could have grown up on a desert island, and developed your new OS completely independent from the outside world, but you would still get a lawsuit from Microsoft if you tried to call it "Windows" when you returned to civilization.

 

If MLS successfully trademarks that logo, then Chris wouldn't be able to sell anything like my CCSLC hat to raise money for the site in the future. 

 

Agree. This is why it should be challenged.

 

There might not be enough for a full on cease and desist but it should be challenged to protect the CCSLC brand and ensure that the site doesn't have problems trying to use it's own logo in the future.

[Sykotyk]

The thing is, if you just search "US canada logo", you'll see several instances of stars/maple leafs merged together. Most doing a straight vertical split down the middle, but still generally recognizing that both of those are loose symbols of the two countries it's not absurd.

 

Also, "Microsoft Windows" is copyrighted, but the Lindows Windowing System was about to use the term(s) because, as the judge ruled, Microsoft doesn't own the rights to just a word as common and ubiquitous to the application as "Windows".

 

MLS would have as tough a time defending their trademark as CCSLC would have of defending theirs.

[Mingjai]

On 7/1/2018 at 3:09 AM, Cosmic said:

If MLS successfully trademarks that logo, then Chris wouldn't be able to sell anything like my CCSLC hat to raise money for the site in the future.

 

On 7/1/2018 at 11:56 AM, El Scorcho said:

 

Agree. This is why it should be challenged.

 

There might not be enough for a full on cease and desist but it should be challenged to protect the CCSLC brand and ensure that the site doesn't have problems trying to use it's own logo in the future.

 

Regarding the CCSLC mark, Chris doesn't have much to worry about. Under the Lanham Act and US trademark jurisprudence, Chris is fine to continue using the logo. He used the logo first and his use is national-wide (world-wide, actually, but the Lanham Act only cares about the US). Therefore, trademark law would consider him a prior user with common law trademark rights to his logo, which would allow him continue to use the logo in connection with his website.

 

Even with an MLS federal registration, Chris could still contest the mark within 5 years of registration and have the mark cancelled (should TTAB side with Chris on the issue of likelihood of confusion).