We can agree on that here but that argument would never hold up as a defense in court, should the holders of the Bullmark trademark take legal action to complain of infringement. But ultimately that's Scott's biz. Who knows? Maybe he solicited and received permission. Or maybe the current holder wouldn't care. Or maybe they'd enjoy the tribute. It's all speculation unless someone takes action. If I understand correctly rights to the the old mark are now held by Ark toys and Saburo Ishizuki (?) somewhere out there in the hinterlands.
I believe you need a 30% change to not have any issues. Looks like it to me. I don't think there will be any problems. This bmx crew from around me EastCoastDestruction has been using the wu-tang symbol for over 10 years no problems. Then again, it's possible they have some sort of permission.
You see this repeated as folk wisdom a lot on the internet, but in the legal realm, it's a total myth. A lot of what people say about copyright and trademark on the 'net is just wishful thinking. If intent to pay homage and tribute was a substantial defense, Paramount, Lucas and Disney wouldn't have been able to take action against Star Trek, Star Wars and Disney tributes, as they've all successfully done. But to be clear I don't have an opinion on this as regards the Bullshark name or logo and wish Scott well in his endeavor. Just riffing on the trademark thingie.
I'm just thinking that because its a totally different name and that its a different logo all together, just a shark in an oval. I can't see how action could be taken. Sure it resembles it greatly as an homage, but in reality its a common shape with an animal in it.
I dunno. IANAL. This went from one of THOSE threads to one of THOSE threads. I think I'll shut up now and go read the beer thread.
Let's go more arguing dammit! We need to pick this shit apart! Someone post a Nag or some hippsters or something!
Now are you happy? BTW, I am so stoked to see what Bullshark can do. If they give factory tours, I may finally have a reason to visit Florida.