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<p>[QUOTE="davidh, post: 2833484, member: 15062"]Similar to copyrights are trademarks and servicemarks. A (T) or (S) can be added to any original product or design but the violation of their use can only be enforced IF they are registered. </p><p><br /></p><p>As an example, everyone is familiar with a smiley face - a circle with two eyes and a grin. This was not registered and is free for anyone to copy for any reason. </p><p><br /></p><p>However, if you use a similar design using two round eyes, a round nose and a grin, and put this design on a cookie which you then sell - you <u>will</u> be sued for trademark infringement. This includes round cookies as well as other shapes such as shamrocks, hearts, Christmas trees, stars, flowers, bunny heads; and includes variations on the design such as using candy corn for eyes and nose, or coloring to resemble a baseball, basketball of football, or adding an eye patch to the figure.</p><p><br /></p><p>see <a href="https://www.google.com/search?q=smiley+cookie&source=lnms&tbm=isch&sa=X&ved=0ahUKEwjnkbXD5-3VAhWo4IMKHXEzDEcQ_AUICigB&biw=1775&bih=900#imgrc=EygFbGA7QPc3iM" target="_blank" class="externalLink ProxyLink" data-proxy-href="https://www.google.com/search?q=smiley+cookie&source=lnms&tbm=isch&sa=X&ved=0ahUKEwjnkbXD5-3VAhWo4IMKHXEzDEcQ_AUICigB&biw=1775&bih=900#imgrc=EygFbGA7QPc3iM" rel="nofollow">https://www.google.com/search?q=smiley+cookie&source=lnms&tbm=isch&sa=X&ved=0ahUKEwjnkbXD5-3VAhWo4IMKHXEzDEcQ_AUICigB&biw=1775&bih=900#imgrc=EygFbGA7QPc3iM</a>:</p><p><br /></p><p>I bring this up to illustrate that innocently copying a copyrighted image of something very basic that everyone sees every day may indeed be a gross violation resulting in a world of hurt for you.[/QUOTE]</p><p><br /></p>
[QUOTE="davidh, post: 2833484, member: 15062"]Similar to copyrights are trademarks and servicemarks. A (T) or (S) can be added to any original product or design but the violation of their use can only be enforced IF they are registered. As an example, everyone is familiar with a smiley face - a circle with two eyes and a grin. This was not registered and is free for anyone to copy for any reason. However, if you use a similar design using two round eyes, a round nose and a grin, and put this design on a cookie which you then sell - you [U]will[/U] be sued for trademark infringement. This includes round cookies as well as other shapes such as shamrocks, hearts, Christmas trees, stars, flowers, bunny heads; and includes variations on the design such as using candy corn for eyes and nose, or coloring to resemble a baseball, basketball of football, or adding an eye patch to the figure. see [url]https://www.google.com/search?q=smiley+cookie&source=lnms&tbm=isch&sa=X&ved=0ahUKEwjnkbXD5-3VAhWo4IMKHXEzDEcQ_AUICigB&biw=1775&bih=900#imgrc=EygFbGA7QPc3iM[/url]: I bring this up to illustrate that innocently copying a copyrighted image of something very basic that everyone sees every day may indeed be a gross violation resulting in a world of hurt for you.[/QUOTE]
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