Trademark Disaster

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Braden East

A side adventure I’ve had for the last two years has been bringing Oklahoma Trading Cards to market. But this week, that adventure almost ended abruptly.

Turning photos of iconic landmarks into a product for sale, we knew we needed to be on our toes when it came to copyright. We thought all our ducks were in a row until we stumbled on a goose; a very aggressive goose who was not happy about his trademarked pop bottle sign being featured.

We thought we were in the clear, but trademarks are tricky things. Now we have to negotiate with the business owner on how to compensate him and whether we need to stop our sales.

At the time of writing, we’ve sold them all over Oklahoma so it’s no small matter.

If you’re taking inspiration from a well-known or iconic image of any kind for your church, check the trademark database and avoid the headaches we’re going through now.


Related to “logo”
Why I Stopped Doing Logos (and Started Doing Something Better)
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In 2021, my wife and I moved back to our home town of Bartlesville, Oklahoma and joined the church we now call home - Hope Presbyterian Church. The church had hired a Ukrainian designer on Fiverr and got a fantastic logo design (it even won an award). But there was a problem… All they had was that logo. Their whole “brand” was limited to a gold color and a couple of webp’s. While the logo was aesthetically pleasing, it wasn’t enough to help their people “get” the mission. Each billboard, banner, and invitation card was inconsistent and time-consuming, even for the creative associate pastor. The more they tried to make their branding work in the real world, the more things got messy and out of alignment. Members with design experience were called on over and over again to come in and help “fix” designs, which always ended up being a band-aid for the real issue. What my home church went through is the result of a logo design without a true brand. They needed an easy-to-use branding toolkit with theological depth - one that would represent more than just the name of their church. A kingdom-first brand would have given their congregation ownership of the vision their leaders were casting, and would have attracted more visitors who resonated with the message they preached. And that’s why I stopped designing logos, and started developing kingdom-first brands instead.
Why God Gave Us Visual Aids (Joshua 4)
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It’s no secret that people remember images better than words. Studies show we can remember 65% of visual information after 3 days, compared to just 10% of written/spoken info. That’s a 6x increase in retention! But why does it matter for churches? Good question. Something I’ve learned is that a brand isn’t just a logo, colors, or fonts. A church brand is an opportunity to tell the story of what God has done and is doing in that local ministry. Said another way: your brand is the visual aid for people to easily remember what their church stands for, and the story God is telling there. This ties in closely to the examples we have in the Bible of when the Lord commanded that a monument be built to signify his mercy and might. In Joshua 4:1–10, God tells the Israelites to take twelve stones from the Jordan River and set them up as a memorial. This visual monument served as a lasting symbol to help future generations remember how the Lord miraculously stopped the river’s flow, allowing His people to cross on dry ground. These stones were set up intentionally as a tangible visual aid to reinforce the Israelites’ generational memory and faith. To add even more layers, God also instructs that twelve stones be used. Why twelve? To symbolize the twelve tribes who crossed over the Jordan that day. In the same way, designing an intentional brand identity with symbolism and permanence is the most powerful way to help your people remember their God-given identity as a body and look to Christ, week in and week out.
How Much Branding Does a Church Actually Need?
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Your logo isn’t a brand, nor is the name of your church a brand. Your color palette, word mark, fonts, and church website aren’t your brand either. These things only serve to ASSOCIATE your church with the big idea that is your message. Make this association enough times with enough people, and NOW you have a brand. Think about it like this: Branding is the vehicle for your message. It’s the wrapper! The packaging won’t change the chemical make up of the burger, but it can still make the burger taste better, and turn a meal into an experience worth sharing. So, to answer the question how much branding does a church need, the answer is none. None? Right. If you don’t have that big idea clarified and nailed down, you can design the most beautiful identity system and logo in the world and not have a brand.
The Most Important Part of a Church Logo That Everyone Gets Wrong
Published on:
For those of us with book collections, there’s just something about a well designed book cover. I’m talking kind that makes you do the chefs kiss every time you see it. Maybe one even comes to mind for you. I continue to find new books with beautiful cover designs, but there was one recently that confused me until the third or fourth time I picked it up to read. The book is called Designing Brand Identity, 6th edition by Alina Wheeler and Rob Meyerson. When I first saw the cover, I didn’t give it a second thought…. After all, I had bought the book for what was inside. It wasn’t until I saw it again from far away that I realized what the design was supposed to be: a number “6” for 6th edition. It was staring me in the face! I had the epiphany when my folks happened to be over at our house, so I showed my dad the hidden number in the design. His observation was, “That seems like bad design, shouldn’t they have made it more obvious?” It’s a good question: would the design have been better if it hadn’t been so subtle? Here’s my take: For most books, the cover only has two key pieces of information it needs to convey: the title and the author. The edition is usually a secondary or tertiary piece of info, if it’s included on the cover at all. There’s another more important function of the book cover, however. That function is to be distinct and enticing. If a book cover immediately identifies a book as different from all the other books on a shelf, it has done most of its job. This bright yellow book cover with swirling shapes did that. Here’s the application to branding: The purpose of your church logo isn’t to explain who your church is. In fact, it only matters a little if it has your church name at all. The most important thing in a logo is that it identifies you as distinct from others. If it doesn’t do that, you might as well not have a logo at all.
Related to “legal”
5 Reasons to Trademark Your Church Name and Logo
Published on:
Recently I shared a story about a church who was threatened with a lawsuit due to a similar logo. But that was probably just a fluke - is spending the time and money on a trademark really necessary? As it turns out, there are other cases of trademark battles involving churches, and more nuanced reasons to venture down the trademarking path. I’ve been learning about this process lately, so I figured I would share what I’m learning here and contextualize it for churches. With that, here are five reasons you might want to trademark your church name and logo. 1. You’ve been confused with other organizations This first one should be obvious, but trademarking your church’s name and logo is the best way to prevent organizational identity theft and brand abuse. In 2010, the International House of Prayer (IHOP), faced a trademark infringement lawsuit from the restaurant chain International House of Pancakes, also known as IHOP. The restaurant chain alleged that the ministry’s use of the acronym “IHOP” and the website domain “ihop.org” caused confusion and diluted its brand. Although the lawsuit was eventually dropped and settled out of court, the ministry agreed to rebrand itself as IHOPKC to distinguish itself from the restaurant chain. 2. You sell merchandise If you’re selling books, shirts, or creating digital resources under your church’s name, a trademark can help you maintain control over the brand. As soon as you start putting your name or logo on merchandise like shirts, mugs, hats, books, etc., you’re entering the realm of commerce. A trademarked image and name helps you protect your church’s right to sell those products without worrying about knock-offs or competing merch. Otherwise, another church could copy your image for their own merch and start profiting off it. Online platforms like Amazon, Shopify, and Etsy will sometimes even require you to trademark your brand, rather than run the risk of stores impersonating you. 3. You create media resources Similar to physical products, digital products can be replicated, resold, or changed without your permission, which can quickly turn into a huge headache. In fact, digital products are even more vulnerable than physical products because they are easier to make and distribute copies of. Media resources like trainings, devotionals or Bible-reading plans, and paid digital content (even if it’s just raising support for a campaign) can all be exploited without trademark protection. 4. You’re expanding digitally In that same vein, creating content online can become more complicated as your brand and audience grows. Even if there’s no money changing hands, your church’s reputation is an asset that can be maligned or challenged. All that to say, if you’re expanding online (websites, social media, podcasts), you probably want to think about trademarking sooner than later. 5. You’re expanding geographically If you’re starting satellite campuses, or gaining regional/national recognition, trademarking helps protect your brand across state lines. At the end of the day, without proper trademark protection, your name or logo can be used by others, leading to confusion or association with unrelated or even opposing groups.
This Church Almost Got Sued Over Their Logo
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Last year I had a jaw-dropping call with a church that was in some serious trouble - let’s call them Ridgeview Fellowship. The church had a good online presence, a functional logo, and a brand they had worked hard to build up over the years. They didn’t want to rebrand, but when they came to me, they felt like they had no choice. A local accounting firm that had opened nearby had a similar (almost identical) logo. The firm was threatening legal action if the church didn’t change their look. But wait, the church had been there longer? Yes. Hadn’t the church been using their logo out in the community already? Yes. Where did the church get their logo in the first place? Good question. Nobody was 100% certain, but they thought they remembered it had been designed with a small budget by someone on Fiverr. If I had to guess, I’d wager that the accounting firm went with a Fiverr designer too, and ended up with a not-so-unique mark… Here are the reverse-image search results that suggest the same thing (church logo not pictured). {{ comp.video({ src: "/img/lawsuit-reverse-image-search.mp4" }) }} Now, the firm was threatening to sue for trademark infringement. Instead of spend untold sums of money and time imbuing themselves in a lawsuit (to defend a logo they didn’t even love), the church felt like they had no choice but to rebrand. This is a sad situation, and it happens more often than you might think. Here’s the takeaway: build your visual identity around the things that make your church unique, and you won’t have to worry about someone else stealing it. Also, you might think about trademarking your church logo.
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