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Use of the UCC logo.

11K views 33 replies 17 participants last post by  RustyShackleford 
#1 ·
I was wondering about who is allowed to use the website's logo. This was brought to mind by this KSL ad.
http://www.ksl.com/?nid=678&ad=19467313&cat=185&lpid=1
Sorry about the low res screen cut.
As far as I can tell, this Whitney fellow isn't from this site, as he has not posted this class on UCC. I don't think the logo is copyrighted... But it seems rather scummy for this Whitney to be using it like he is. Any thoughts?
 
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#28 ·
It would be advisable to edit a TM mark into the logo graphic. Registering it would also be helpful but marking it should be done at a minimum. Of course Paul needs to make sure he has the rights to the Logo. Who designed it and did they grant the rights to Thomas?

The transfer to Paul would have occurred when he bought the forum, if Thomas had ownership of the TM and copyright to the Logo.
 
#29 ·
Nothing has been trademarks or copyrighted as far as I know. The logo would be part of the property of the forum and would have transferred with the forum. (So I would argue). It's not really a big deal. I am no logo expert but I highly doubt anyone beside the owner of the forum could lay claim to the logo. And any use of the logo for any purpose other than forum purposes would clearly be unethical regardless of the legality. I can see no case where someone would sue to use the logo or I would sue to prevent it's use. It's not really that big of a deal. Anybody using the logo for purposes other than the purposes of the forum would clearly be trying to benefit from something they have no ownership claim over regardless of TM or copyright's. And clearly the logo belongs to and represents the forum. We allow the logo to be used on tshirts and other goodies through the webstore. I guess its something I need to research more. I'm not exactly looking to spend more money on the forum right now I must admit.....
 
#30 ·
DaKnife said:
It would be advisable to edit a TM mark into the logo graphic. Registering it would also be helpful but marking it should be done at a minimum. Of course Paul needs to make sure he has the rights to the Logo. Who designed it and did they grant the rights to Thomas?

The transfer to Paul would have occurred when he bought the forum, if Thomas had ownership of the TM and copyright to the Logo.
I remember back in the day a couple of threads about creating or at least updating the logo.

From what I found in a quick search of the forum posts for "logo" Thomas asked if anyone could build a logo and submit it, and what we have today was basically a version of that original submission. There were a couple of different members that helped edit it to what it is now.

viewtopic.php?f=27&t=2266&st=0&sk=t&sd=a&hilit=logo&start=30#p19259
 
#31 ·
Paul said:
Nothing has been trademarks or copyrighted as far as I know.
It's not necessary to register either trademark or copyright for it to be valid.

Paul said:
The logo would be part of the property of the forum and would have transferred with the forum. (So I would argue). Anybody using the logo for purposes other than the purposes of the forum would clearly be trying to benefit from something they have no ownership claim over regardless of TM or copyright's.
That doesn't matter. There's no law against trying to benefit from something you don't own. It is, however, illegal to use others' property without permission, and that includes copyrights and trademarks.

Regarding the logo, it is copyrighted by whoever created it. Do we know who that is? I was on the forum when it was created and as I recall it was created by some member, but I don't remember who.

Further, the law requires a "writing" to transfer any copyright. Unless there some document from whoever created the logo, specifically transferring copyright, then that person still owns it. I suspect nothing like that has been done, so whoever created it still owns it, and could actually force the forum to stop using it if they wanted to. Further, Paul, unless you have a paper showing that the copyright has been transferred to you, you cannot force someone to stop using it, because they have precisely as much legal right to use it as you do -- none. In legal terms, you lack standing to enforce a copyright you don't own. The forum has a right to use it because whoever created it did so for the forum and clearly gave permission for that use.

That's all from a legal perspective, as in what you could enforce in a court of law. There's certainly nothing stopping you from calling Whitney and asking/telling her not to use it. If it came to a court case, though, and she chose to fight it, I don't think you could force her to stop.

I don't know as much about how trademarks work. A logo is both a trademark and copyrightable, so both sorts of protections apply. I think the trademark generally would be assumed to transfer along with the "business", so your purchase of the forum from Thomas should have made you the trademark owner.

Paul said:
And clearly the logo belongs to and represents the forum. We allow the logo to be used on tshirts and other goodies through the webstore. I guess its something I need to research more. I'm not exactly looking to spend more money on the forum right now I must admit.....
I don't think you need to spend any money. It might be wise to track down whoever made the logo and get them to write you a statement (can even be e-mail or a forum post) that assigns the logo copyright to you.
 
#32 ·
divegeek said:
Regarding the logo, it is copyrighted by whoever created it. Do we know who that is? I was on the forum when it was created and as I recall it was created by some member, but I don't remember who.
Looks like Contagious is the one who submitted the early version of our current logo. It was then modified a number of times by Bane and then GeneticsDave starting here.

It was "commissioned" by Thomas, but I don't see anything saying it was turned over specifically.
 
#33 ·
Maybe I'll just throw it out the window and make a new one! LOL.
EDIT: That was a joke. I think it's pretty clear from those old threads that the logo was essentially given to the forum for the use of the forum. I had forgot Dave designed it. Maybe me a Dave can get in a big battle LOL!
 
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