Recently I notice two game in one is appstore and another one is google play store. but there different company but using almost same logo.

My question: is there a violation of copyright?.

enter image description here enter image description here

  • 1
    It would more likely be a trademark infringement. – David Thornley Jan 7 at 16:38

The images as displayed are quite similar, similar enough that one could violate the copyright of the other. But that is not enough to know if there was in fact a copyright infringement. There are several possibilities:

  1. Although using different names, the developers could in fact be the same company.
  2. One developer might have obtained permission to use the image from the other.
  3. Both images might be based on the same 3rd-party image which both are using with permission.
  4. Both images might be based on a public domain image.

Copyright is only infringed if a protected work, or a derivative version of the work, is used without permission from the copyright holder. Without knowing who the rights-holder is, and if permission has been obtained, one cannot know if an infringement has occurred.

There is no independent or 3rd-party entity that checks for copyright infringements.

By the way, the similarity here is close enough that there might also be an issue of trademark infringement. But again, infringement requires use of a protected mark without permission, and so some of the same possibilities arise. (The source of a trademarked logo doe not matter. On the other hand there cannot be trademark infringement unless the mark has been registered, or actually used in commerce. If the same image is used on products in very different industries, say games and hammers, there may or may not be infringement.)

  • Actually, only the first two apply for trademark infringement, not the third and fourth. If one entity was using the image as a trademark first, the source of the trademark doesn't matter. – David Thornley Jan 7 at 16:39
  • @David Thornley True, I have edited my answer. – David Siegel Jan 7 at 17:31

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