IS there such a thing as a 'poor mans' copywrite?

[chopshop]

We have a company logo . It is pretty distinct-we had it designed in 12/05. I recently found an online website who is using the EXACT design ,except for different words (their website name) - I mean EXACT! Colors, layout etc.

When I approached them about it- they were quite rude- saying they'had a graphic company design it and they paid for it so it wasnt going to change because they have T shirts and stuff made already" (yes really)

I have offered that even if they kept the same design and changed colors I would be OK with it- they have refused and hung up on my on the phone.

I never copywrited (Trademarked?) the logo it BUT I can show proof we have had the design on our public website since 12/05. My graphic guy can also attest that we presented him with pencil drawings of what we wanted it to look like-( I also have a scanned copy of this original design)

The website I am referring to stated they changed their logo when the movie "Cars' came out 'because they wanted their logo to look like that' (It doesnt even look similar)

I think their graphic guy scammed them ,foudn our logo online and used it (probably thinking we would never find it since they are in Texas and I am in MA) but they are not willing to budge.

Do I have any recourse?

Id be happy to post the link to their logo and the one to mine- the resemblance is frightening to say the least...

 

[seniorjudge]

You need an intellectual property lawyer.

 

[chopshop]

You need an intellectual property lawyer.

Thanks- but I actually want to know if such a thing exists before I go doling $$ out for an attorney . If I dont need one to fight this - I wont use one.

Does such a thing exist? Anyone else know? thanks in advance.

 

[Michael Wechsler]

SeniorJudge is correct. A poor man's copyright is known as the "put item in a sealed envelope, mail to self, open in a court of law if necessary to prove I created it first." The envelope method is designed to avoid the fees for copyright. It is not a good idea if you've got a company logo to protect. The problem you will have is that if someone came up with a virtually identical item without ever having access to yours, they would not have a copyright problem. The chances that someone copied you is less with a logo and moreso if it was, e.g. an entire book where virtually every word was the same. In this instance you can seek an attorney but your chances of winning will likely be small and costs will be high to prove.