Hey all,
I've started a logo design service using freelance designers from upwork that I've formed relationships with. I act as a design agent - generate leads, manage orders and then outsource the design work. I've found a market with high demand and I've been getting great feedback and plenty of orders.
One person who saw my post in a particular FB Group had this to say:
"A quick word of warning if you will indulge me. If the brands you create become successful as I hope they do, please make sure the logos, icons, and packaging designs don't infringe on a existing brands ip or trademarks, especially within your sector! I've seen it happen a few times, where start ups hire a freelancer from the web from another country who copies or takes influence from something they have seen somewhere and bam! Very frightening letters from legal departments ruins the brand before they reach their potential. As a design agent this can leave you liable and holding a very ugly baby. So please be careful."
My question is, how can I protect myself from any possible legal issues arising in the future from logos I have produced for my clients?
Also, are there any ways I can research Trademarks etc. before hand to ensure no designs I provide are breaching anyone's IP?
I have a lot of ideas for expansion so I can increase revenue and eventually hire somebody to manage the orders & clients so I can grow the business, but I really want to get on top of this issue first.
Thanks,
Snappy
Here's my (million-dollar) advice of the day:
Design the logos ... and stay out of the legal compliance business. These are two completely different industries.
If I were you I would simply include a very plain conspicuous and clear disclaimer stating that you make no representations express or implied that the logo you design will not infringe upon another person's trademark or copyright ... and that if this is a concern they should hire an attorney who specializes intellectual property to perform a search. Then ... if your logo is subsequently determined to infringe upon another person's copyright or trademark ... that you will do a complimentary redesign at no additional cost.
This way you can stick to doing what it is that you want to do ... designing logos ... and leave the legal side is on them.
That's what I would do.
And (of course) I would hire a lawyer (like me) to draft the language used in the disclaimer. Not something you want to do yourself (unless you like lawsuits).
PM me if you need me.