Looks close to me Tim...
Looks close to me Tim...
Wow, is that a custom or a stock font?
I know this isn't what you will want to hear, but I personally don't think you can claim any kind of copyright violation here. If this was a case brought before me as an judge or arbitrator, this is how I see it:
1) The fonts are different
2) Your text is warped where his isn't, he alternates the letter size per letter
3) While you both use a gradient, they are different colors. Yours is Red - Orange, his is Red - White. And the Red's are different tones of Red.
4) His 'R's are reversed in "Horrors" where yours are not making his "Horrors" word unique looking compared to 99% of what other people using the name "House of Horrors" are based on a quick Google Search.
5) Your text is embossed and glossy looking where his looks just to have a little bit of a drop shadow.
5) Your not the only organization that is using the "House of Horrors" name so it's not like you can claim the name as copyrighted itself as it's pretty well used as a common name for any horror based enterprise.
6) He's a comic book, where as your a Haunted House. So you can't claim any possible confusion in the public eye between the two entities.
Sorry if that's not what you want to hear. I'll be the first to admit I'm not a lawyer, but I've had my share of experience going after many different companies and private individuals that were trying to use my company names, logos, trademarks, and slogans for their own products by either blatantly ripping them off or trying to change them just enough to keep from getting sued. These were some of the things I would have to considered before even calling my attorney to start litigation. If you were to try to sue Gene Simmons comic book company here, I see it as a waste of legal fees on something that will get dismissed pretty early.
Last edited by MovieRelics; 04-30-2010 at 12:12 PM.
BTW, your haunt looks kick ass from the photos on your website. Just wanted to say.
They look similar, but aren't identical. I don't think they were trying to copy, but it just ended up looking like that.
According to the USPTO. There are three (3) people who own the trademarked name of House of Horrors. None of them are you.. How can you say someone stole your idea when you don't even own the name.. They may be coming after you and or Brainstorm for creating any of these in the first place...
Look it up Gene owns the right to the name for the comic book series...
Haha... I'm not worried about copyright infringement, etc... I think it's rather funny and coincidental.... The funny thing is I gave the guys from Kiss some House Of Horrors Shirts quite a few years back ... and then this comic comes out.. coincidence? who knows. It pretty much the identical logo, sure the color is changed, and the R is flipped around... but hey... the similarities other than that speak for themselves.... I would never think of trying to sue or anything? why would I ? it's not hurting my business even if the Logo was 100% identical... I was pretty surprised when I saw it... it's kinda funny actually...
Slain, sure other people use "House Of Horros" in there name, whether its a comic book, movie, or another haunted house calling themselves "so and So's" House Of Horrors. I never said he ripped off the NAME "HOUSE OF HORRORS" im saying the font and logo is pretty much identical to mine... and Gene's only done this comic for a few years... Brainstorm did my logo 9 years ago.. so I don't know how they could come after me and Brainstorm for making these when these were made first! lol... This isn't even a post of legality, me being pissed (cause I'm not!) or me saying who owns what.... Just thought some of you would find the pics interesting like I did!!
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