What percentage of a copyright image is protected?

UPDATED: Sep 30, 2022

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What percentage of a copyright image is protected?

I have a logo which might feel similar to an existing logo.

Asked on February 9, 2016 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It's not a simple percentage test. Rather, the test is subjective: if a reasonable person would conclude that logo A is too similar (or confusingly  similar) to trademarked logo B (trademark is actually the main protection for logos), then A would be infringing on B's trademark. Or in terms of copyright (the other relevant intellectual protection), if logo A looks like it is an adaptation or derivation of copyrighted logo A, it is copyright infringement. If you feel that it may be too similar, odds are that it is too similar, and that if you use it, you  may be opening yourself up to litigation.

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