This is the kind of thing that keeps lawyers in Porsches. See, you can't protect an idea, but you can the execution. When it gets a bit murky like this, that means if someone sues, it will be a protracted and fee-heavy case for the lawyers on both sides.
That being said, if they trademarked the tag "It gets better" and did so in multiple languages, then the Dan Savage folk have a strong case for infringement. Or, if the Swedish version visually copies the US, then a copyright claim could be made. Or both, of course.
I am not a lawyer, I am not your lawyer, and this is not legal advice.
I'm pretty sure the artists never actually brought legal action about Cog. Threatened, but not acted on. Don't know why, but I'm guessing some money changed hands.
Btw, there is always grey in these cases--like how similar is similar enough to constitute infringement. If the artist can prove that the agency had access to his work prior to creating their ads, that would really help him. Still, here, I'd be really surprised if a court said that there was sufficient transformation from the original to render it NOT infringement. But that's just my guess.
Remember kiddies, I'm not a lawyer, just a law student, and this is all just stuff in my head and not legal advice. :-)
Oh holy crap... they didn't even try to differentiate. Totally wrong and incredibly sloppy of the agency. Clearly they knew they should have contacted the artist and that shows willful infringement in the USA, which means extra bonus points when it comes to damages.
Dunno the rules in your fair land.
Hope the artist sues and gets a bundle.
Trademark infringement. Seriously, in the US, you could probably get a cease and desist for his use of your name w/o permission particularly as it is causing confusion in the very community in which you operate (the advertising community).
Bet you can in the UK/EU too. Probably.
Sue the wanker. :-)
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