Who is responsible? HELP!

V

Vish

New Member
Hello all - 1st of all apologies for asking for help in my first post but I am really lost with this.

So here are the cliff notes..

I work at a printers & do design work for them.
A client came in and paid us for a Logo design which I did, the company is called 'Euro Rent'.
We have since printed this logo on things like business cards / ncr sets / window graphics and a few other things.

The client has recently tried to trademark his name and logo. The logo was rejected - because in the logo I have used the 12 yellow stars from the European flag (Silly me!)

My question is this.. Is it my responsibility to re-design him a logo and reproduce all the things we have printed for him?
Should I have known that the stars could not be used on a logo?

Thanks in advance for any light you may be able to shed on this matter.
 
I don't know about 'should have known', but 'should have found out' - certainly (see below if you want to follow it up): unless the client specifically asked for/insisted on the EU device then the error is yours - and it sounds like it's gone on to cause him/her some difficulties, in the light of which, I'd view a redesign and reprint as getting off fairly lightly.

- - - - - - -

Passage copied from the European Union graphic manual:

Use by third parties (of EU Flag):

The European emblem may be used only if:

•there is no likelihood of the user of the emblem being confused with the European Community or the Council of Europe;

•the emblem is not used in connection with objectives or activities which are incompatible with the aims and principles of the European Community or of the Council of Europe.

Permission to use the European emblem does not confer on those to whom it is granted any right of exclusive use, nor does it allow them to appropriate the emblem or any similar trademark or logo, either by registration or any other means. Each case will be examined individually to ascertain whether it satisfies the criteria set out above. This will be unlikely in a commercial context if the European emblem is used in conjunction with a company's own logo, name or trade mark.

The e-mail address for enquiries: [email protected]
 
Definitely something you should have found out, if you didn't know it beforehand. Even if the client had asked you to use the European stars, I think I'd have still done my own research to make sure nothing could have come back onto me or the them.

Like Dave says, I'd say re-designing and re-printing is getting off lightly.
 
I think your only area of compromise here is if the client specifically asked you to use the stars - if he did then you might be able to negotiate a percentage redesign/reprint fee from him but it's iffy.
 
In my humble view, it is your responsibility as the designer to know guidelines and the legal framework relating to any of your work. I'm amazed at the amount of people in the industry that view it as purely creative work and nothing more than that. It's a business after all and we need to be aware of all the rules that apply there!
 
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