We are a schoolwear supplier, recently a unauthorised schoolwear shop has opened round the corner.
This guy used to be our embroiderer so he has all the logo information for all the schools we do. He is selling uniform for our schools virtually at cost price, we cannot compete with that.
The schools we serve are aware of this new shool and are not happy, but is there anyway we can stop him by protecting the school logo? (with permission from the school).
school logos
Hi goldenbay,
The design of the logos will probably be subject to copyright (as artistic works), which may be owned by the respective schools, or alternatively they may be exclusively licensed by the original designers of the logos, and so the schools may have the right to decide if this supplier is making the badges without authorisation, and take legal action if they feel this is justified.
You mention that your shop is an 'authorised' supplier. I assume this status is recorded in some form of contract, which if this is so, you should study in order to see what obligations are placed on the schools to prevent other, unauthorised, suppliers from dealing in the badges.
Either way it is likely that the schools hold the key to resolving this issue, rather than you, unless of course your firm designed any of the logos, because only the copyright owner or an exclusive licensee has the power to enforce copyright through legal proceedings.
Incidently, unless any of the schools have registered the designs of their logos (unlikely, I suspect) with the IPO there is no infringement of design right or unregistered trademarks involved here, just a probable breach of copyright.
The design of the logos will probably be subject to copyright (as artistic works), which may be owned by the respective schools, or alternatively they may be exclusively licensed by the original designers of the logos, and so the schools may have the right to decide if this supplier is making the badges without authorisation, and take legal action if they feel this is justified.
You mention that your shop is an 'authorised' supplier. I assume this status is recorded in some form of contract, which if this is so, you should study in order to see what obligations are placed on the schools to prevent other, unauthorised, suppliers from dealing in the badges.
Either way it is likely that the schools hold the key to resolving this issue, rather than you, unless of course your firm designed any of the logos, because only the copyright owner or an exclusive licensee has the power to enforce copyright through legal proceedings.
Incidently, unless any of the schools have registered the designs of their logos (unlikely, I suspect) with the IPO there is no infringement of design right or unregistered trademarks involved here, just a probable breach of copyright.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
