graphics look "bigBrand-esque" but not anything ne

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• December 29, 2005 @ 10:19amstrayinma says:

  Thanks in advance for anyone's thoughts on my situation/question.
  
  This is Web design/marketing related. I would like to know if the images I am creating are safe from copyright infringement. And, if it is ok to proceed creating images with a now mainstream look that appears more branded everyday. My theme is an old one for me (and probably many others). However, its widespread look for print, tv, web, etc. and is instantly recognized.
  
  One of my ads was recently called Ipod-esque; however, I've been using the shadow in black on solid bright colored background for years.
  
  That format and design has been especially good for creating larger dimensioned animated gifs at a smaller size. Functionally, its is perfect for the GIF technology. And now that coor theme, with banner advertising, is even better since often there are ad image size limits. Even my largest dimensions, animated images remain under 35k.
  
  It'd been the perfect formula except that the look is now that of major brand.
  
  My images are developed for an unrelated industry, women's health.
  
  Here's a sample of my ad if you are curious.
  
  http://www.uterus1.com/images/u1160x600.cfm
  
  Thank you in advance for your thoughts.
  
  Best,
  Col
• January 3, 2006 @ 7:25amCOvalle says:

  That's an interesting question. I may have to pass it to someone with more knowledge about this specific type of thing- I'll ask around. My initial thought is that you should be relatively safe if you can prove you had the ad prior to the current popular ads. You may actually need to worry about trademark rather than copyright infringement. The thing is, if someone has a case against you, it's likely that you have a case against them as well since you had the style first. I'll see what I can dig up about the copyright and trademark issues when I get a chance.
• January 3, 2006 @ 7:48amstrayinma says:

  Thanks, cjovalle!
  
  I will research more into trademarks here. Thanks for bringing my attention to that. This may not be the exact forum I should be asking, and I appreciate your help. I posted a little prematurely into the copyright category, not quite realizing the difference between the two.
  
  For your comment, "The thing is, if someone has a case against you, it's likely that you have a case against them as well since you had the style first." -- thanks, you've helped me a great deal and I am hope you are right.
  
  Best wishes in the new year!
  Col

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