legal

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/posts/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.

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.

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.