Please note that all my articles are for informational purposes only and not legal advice. I assume no liability for the content of my articles. The articles may be out of date, the legal situation may have changed, or the specific situation in a case may need to be assessed differently. A binding consultation can only be given by me directly in the individual case. Take advantage of my free brief consultation!
The issue of copyright protection of logos is always the basis of litigation. This applies especially when logo generators from the Internet are used. But even when professional graphic designers create logos, but only become creative to a limited extent or fall back on existing assets. Especially with platforms like Upworks or Fiverr, you experience such problems again and again when logo creations are purchased in India for 10.00 Euros or similar.
The topic was also part of a judgment at the Higher Regional Court of Frankfurt am Main.
The latter decided that a logo consisting of an English word and a leading geometric shape would lack the required height of creation to be protected by copyright. The geometric shape was only a black double triangle facing to the right.
Especially for start-ups or companies in a very competitive environment, it can therefore be extremely important not to save on the logo, if its protection is particularly relevant for things such as the own marketing (e.g. printing on products) in order to recognition effect of one’s own brand.
Marian Härtel is a lawyer and entrepreneur specializing in copyright law, competition law and IT/IP law, with a focus on games, esports, media and blockchain.
