[Trademark Violation] Copied Klack App Icon

[henrikruscon]

Could you please change your app icon to be more original and less of a copy of mine? You menu bar icon is also straight up a copy. Is it really that hard to create your own? I'm fine with being inspired with the app functionality, I think open source is fantastic. I don't want to have to submit a complaint to GitHub for something this silly.

Copied from: tryklack.com

Klack app icon:

KeyEcho app icon:

Menu bar icons next to each other:

[ZacharyL2]

First of all, I want to make it clear that my app icon was created from a photo of the "K" keycap on my physical keyboard. This process involved taking a photo, editing the image, adjusting the colors, and rounding the corners. Because it's the result of photography and post-processing, the icon is not a perfect pixel graphic.

The original photo I took: Simple image processing: The one I currently use requires more steps than this, but this is just for demonstration purposes.

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You mentioned that my icon looks similar to yours, which is only because my app name also starts with a "K". I have not used your icon, nor have I stolen any content from your program. In fact, I am a paying user of your application, so there was absolutely no intention to copy your logo.

Regarding your mention of filing a complaint, I believe it is entirely unnecessary. The spirit of the open-source community is to learn from each other and progress together, not to make baseless accusations. I hope you can see this correctly. If you insist on filing a complaint, then we will have to resolve this issue through formal channels.

[henrikruscon]

If you're in fact a paying user of Klack than you knew how similar these icons do look, so similar that they could end up confusing users as to which app is which. Running both apps at the same time had me confused which was which and I'm the developer of one of these apps.

How you came to create your icon is irrelevant, what I'm claiming is that your inspiration from Klack is big enough that it's hard to differentiate between the two apps based on both the App Icon and Menu Bar Tray Icon. This is just a fact.

I will ask again, please change your icon to so that it doesn't look so incredibly similar to Klack as to avoid confusion in branding. It's like I would make a Coca Cola competitor and make a near identical logo to theirs, do you see the issue and how it looks malicious?

[ZacharyL2]

You say how I created my logo is irrelevant, but in your first sentence, you claimed my icon is a copy of yours and questioned if it's really that hard to create my own. I am responding to your baseless and malicious speculation.

My application also starts with a "K". Does this mean that because your application uses the letter "K", no other application can use the letter "K"?

Comparing this situation to Coca-Cola is absurd. The Coca-Cola logo contains multiple letters and has a distinctive design style. You used a simple letter "K", which is neither unique nor distinctive. Does this mean others cannot use it?

Our main logos are completely different; they only both contain a "K". This does not constitute infringement or a reason for user confusion.

Additionally, on platforms other than macOS, the menu bar icons are just smaller versions of the main logo:

Indeed, the menu bar icon on macOS could be further improved to avoid unnecessary disputes, but that does not mean I will change my main logo.

If you still believe this is an issue, we can only resolve this through formal channels.

[henrikruscon]

You even edited your keycap to be black, even though it was originally white in your photo. You also recently thickened the letter K in your app icon.

There's not a single app prior to Klack that looks even remotely similar to Klack's branding. Thousands of apps starting with the letter K and that also use a keycap as an app icon.

The similarity is glaring, you even mention you first tried Klack in your blog post regarding KeyEcho, and that Klack didn't suffice for your use-case and therefor you started to develop your own app. This means you saw Klack before you started creating your app, and you still deny it? Crazy.

Like I said, it ultimately doesn't really matter, what matters here is something called brand similarity and you've breaching it with your app icon. Please change your app icon. I have a trademark for both the name and the brand in my country and I have to enforce it or I lose my ability to enforce future trademark violations.

I hope we can resolve this without having to take it that far.

[henrikruscon]

Comparing this situation to Coca-Cola is absurd. The Coca-Cola logo contains multiple letters and has a distinctive design style. You used a simple letter "K", which is neither unique nor distinctive. Does this mean others cannot use it?

To provide further clarity on this as you're missing the point entirely. Imagine Apple's logo which is super generic, it's merely a vector of an Apple, right? If I were to use an Apple vector that's even remotely similar to their generic logo, it would also breach trademark and business similarity, they would sue me to the ground. With your logic you can freely copy any brand that exists as long as it's generic, while also directly competing with them. How can you not see the issue clear as day? Do you lack any sort of morality? I've worked with open source for years and have many contributions. This is not what open source stands for. Brand identity is a very important part of any entity, open source or not.

It doesn't matter that you consider my brand generic, it's trademarked and you are directly competing against Klack with this app and even acknowledge that you knew of the existence of Klack prior to your app's creation. This is clear cut 100% a trademark violation, there's not even a single ounce of doubt in this statement. I'm certain GitHub will take my side in this matter but I much prefer resolving it without involving any third parties.

You're honestly being extremely disrespectful with this entire matter. Simply change your app icon and we can all move on with our life.

[ZacharyL2]

In your first sentence, you subjectively accuse me of copying your logo. I have already explained how I created my logo, but you chose to ignore this and shift the topic. I also shared my viewpoint, explaining why I believe our main logos do not cause confusion. So, who is really being disrespectful here?

I have not avoided discussing your application; I have indeed paid for it. However, I disagree with your argument because I do not believe these two logos will cause confusion or harm your business interests.

If you subjectively and insistently believe this constitutes infringement, you are welcome to submit a PR to help modify it.

If you expect me to change it, I may consider it in my spare time. Once again, I have no obligation to cater to your insistence.

[henrikruscon]

I'm still accusing you of copying my logo, how you created it doesn't matter, it's still a copy. You're just beating around the bush and wasting time on meaningless discussion, I don't ignore anything. I take this matter very seriously.

I will not create a new logo for you, I'm simply entertaining this discussion because I wanted to approach you before I submit a trademark dispute with GitHub.

https://docs.github.com/en/site-policy/content-removal-policies/github-trademark-policy

Using a company or business name, logo, or other trademark-protected materials in a manner that may mislead or confuse others with regard to its brand or business affiliation may be considered a trademark policy violation.

I will give you some time to change your logo before I proceed.

[ZacharyL2]

Give me some time, I'll work on it in my spare time to avoid any potential disputes.

[henrikruscon]

Any update on this matter? What's the timeline?

[ZacharyL2]

Any update on this matter? What's the timeline?关于此事有任何更新吗？时间表是什么？

I will start working on this matter later this week.

[ninopiamonte]

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