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	Comments on: Not Identical, But&#8230;	</title>
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	<link>https://www.marketmanila.com/archives/not-identical-but</link>
	<description>A food blog that talks about food, produce, recipes, ingredients, restaurants and markets here in the Philippines and around the globe.</description>
	<lastBuildDate>Mon, 07 Feb 2011 13:48:34 +0000</lastBuildDate>
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		<title>
		By: Marketman		</title>
		<link>https://www.marketmanila.com/archives/not-identical-but#comment-279846</link>

		<dc:creator><![CDATA[Marketman]]></dc:creator>
		<pubDate>Sun, 06 Feb 2011 12:23:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.marketmanila.com/?p=17185#comment-279846</guid>

					<description><![CDATA[Pasha, I write based on what comes up and what I feel like writing about -- hence, the blog.  There are nearly 3,000 posts on this blog, if one comes up that isn&#039;t on a topic you would like to read, there are many others to keep you occupied.  I suspect at least 95% of them are food related.  I don&#039;t eat and cook constantly and many other things catch my attention.  

Let&#039;s stick to the issues, this post was about potential use or copy or close inspiration of an existing registered logo:

1. I wouldn&#039;t have done a post if I didn&#039;t think the logo were close enough to the original pig visual.
2. Readers weighed in with their views, many agreeing, and some not.  
3. Several graphic artists have emailed me privately to say they have analyzed the graphic against the original, doing an &quot;overlay&quot; (whatever than means and entails) and in their opinion, it looks like it&#039;s copied... that is THEIR professional opinion, and simply that.  But I do tend to put more credence in qualified, professional graphic artists, as that is what they DO FOR A LIVING.
4. The logo in question was sent in by my readers, as were the two previous cases (I am not a mad vigilante searching for logo offenders), and in all cases they were taken down after I, or the lawyers, contacted them, the last two logos within a couple of hours of the posts.  And I DO NOT believe most of these cases had any malicious intent.  Ignorance maybe, and thankfully, they saw fit to remove the logos from use as soon as they were informed.  I wish those businesses well -- the more pork products, the better.
5. This IP thing is not a new &quot;focus&quot; for me... if you have been reading this blog for a while, issues around photonapping, plagiarism, etc. have been written about for YEARS, and they DO RILE ME UP.
6. Folks need to realize that there are reasonable ways to conduct themselves in business, and not, and with the net, issues such as logos can rapidly be viewed for what they are...

&lt;strong&gt;END OF STORY&lt;/strong&gt;]]></description>
			<content:encoded><![CDATA[<p>Pasha, I write based on what comes up and what I feel like writing about &#8212; hence, the blog.  There are nearly 3,000 posts on this blog, if one comes up that isn&#8217;t on a topic you would like to read, there are many others to keep you occupied.  I suspect at least 95% of them are food related.  I don&#8217;t eat and cook constantly and many other things catch my attention.  </p>
<p>Let&#8217;s stick to the issues, this post was about potential use or copy or close inspiration of an existing registered logo:</p>
<p>1. I wouldn&#8217;t have done a post if I didn&#8217;t think the logo were close enough to the original pig visual.<br />
2. Readers weighed in with their views, many agreeing, and some not.<br />
3. Several graphic artists have emailed me privately to say they have analyzed the graphic against the original, doing an &#8220;overlay&#8221; (whatever than means and entails) and in their opinion, it looks like it&#8217;s copied&#8230; that is THEIR professional opinion, and simply that.  But I do tend to put more credence in qualified, professional graphic artists, as that is what they DO FOR A LIVING.<br />
4. The logo in question was sent in by my readers, as were the two previous cases (I am not a mad vigilante searching for logo offenders), and in all cases they were taken down after I, or the lawyers, contacted them, the last two logos within a couple of hours of the posts.  And I DO NOT believe most of these cases had any malicious intent.  Ignorance maybe, and thankfully, they saw fit to remove the logos from use as soon as they were informed.  I wish those businesses well &#8212; the more pork products, the better.<br />
5. This IP thing is not a new &#8220;focus&#8221; for me&#8230; if you have been reading this blog for a while, issues around photonapping, plagiarism, etc. have been written about for YEARS, and they DO RILE ME UP.<br />
6. Folks need to realize that there are reasonable ways to conduct themselves in business, and not, and with the net, issues such as logos can rapidly be viewed for what they are&#8230;</p>
<p><strong>END OF STORY</strong></p>
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		<title>
		By: Pasha		</title>
		<link>https://www.marketmanila.com/archives/not-identical-but#comment-279817</link>

		<dc:creator><![CDATA[Pasha]]></dc:creator>
		<pubDate>Sun, 06 Feb 2011 07:45:17 +0000</pubDate>
		<guid isPermaLink="false">http://www.marketmanila.com/?p=17185#comment-279817</guid>

					<description><![CDATA[I am certainly NOT defending theft. Marketman has the right to defend himself, but as a reader of a FOOD/TRAVEL blog, I simply think that he should be more focused on that. I&#039;m just more of complaining that this blog is becoming more of a opinion/plagiarism/IPR/RH Bill/etc. blog than anything else as these topics come up on almost one in every 5 or 6 food blogs (guessing and not only fact as I&#039;m sure Marketman will point out). It just didn&#039;t use to be this way!]]></description>
			<content:encoded><![CDATA[<p>I am certainly NOT defending theft. Marketman has the right to defend himself, but as a reader of a FOOD/TRAVEL blog, I simply think that he should be more focused on that. I&#8217;m just more of complaining that this blog is becoming more of a opinion/plagiarism/IPR/RH Bill/etc. blog than anything else as these topics come up on almost one in every 5 or 6 food blogs (guessing and not only fact as I&#8217;m sure Marketman will point out). It just didn&#8217;t use to be this way!</p>
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		<title>
		By: butsoy		</title>
		<link>https://www.marketmanila.com/archives/not-identical-but#comment-279781</link>

		<dc:creator><![CDATA[butsoy]]></dc:creator>
		<pubDate>Sun, 06 Feb 2011 02:11:55 +0000</pubDate>
		<guid isPermaLink="false">http://www.marketmanila.com/?p=17185#comment-279781</guid>

					<description><![CDATA[James , I did not say that Phil. is not advancing , it was your friend Junb who said that and I just contradicted it. I&#039;m not defending the offender to whom you now called a thief without even giving them a chance to explain. I am just responding , again, to your friend Junb&#039;s accusation that I have no integrity and principle. But here you are, underpants rolled into a tightwad about a thing that is so blown out of proportion, it  is so melodramatic itwould put the teleserye&#039;s to shame. I do not defend theft of anykind  and to accuse me of doing that is very offensive and deplorable.Now, you probably had to get on your high horse and trample other people&#039;s businesses or just accuse them of being THIEVES- works everytime....]]></description>
			<content:encoded><![CDATA[<p>James , I did not say that Phil. is not advancing , it was your friend Junb who said that and I just contradicted it. I&#8217;m not defending the offender to whom you now called a thief without even giving them a chance to explain. I am just responding , again, to your friend Junb&#8217;s accusation that I have no integrity and principle. But here you are, underpants rolled into a tightwad about a thing that is so blown out of proportion, it  is so melodramatic itwould put the teleserye&#8217;s to shame. I do not defend theft of anykind  and to accuse me of doing that is very offensive and deplorable.Now, you probably had to get on your high horse and trample other people&#8217;s businesses or just accuse them of being THIEVES- works everytime&#8230;.</p>
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		<title>
		By: James		</title>
		<link>https://www.marketmanila.com/archives/not-identical-but#comment-279776</link>

		<dc:creator><![CDATA[James]]></dc:creator>
		<pubDate>Sun, 06 Feb 2011 01:39:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.marketmanila.com/?p=17185#comment-279776</guid>

					<description><![CDATA[Is it a Filipino thing to jump to the defense of the offender?  I&#039;ve heard here so many, many times that I have to &quot;understand&quot; the person who has offended me or tried to steal from me.

This is theft of intellectual property.  If you don&#039;t understand what intellectual property is (or property in general), perhaps some here should get an education on that subject before coming to the defense of the thief.	

@Butsoy: um, first, what is your point?  Second, you don&#039;t see any similarity between the two?  It&#039;s really quite obvious.  Look at the nose, look at the ears, look at the tail and its position.  This is clearly copied from the source (I describe above how it was derived ... and I&#039;ll do it again now: the &quot;designer&quot; created an outline of the Zubuchon pig and then used a wide brush to trace that outline).

You talk about the Philippines not advancing.  How can the Philippines advance with people stealing from each other?  With the Crab Mentality of many of the people ... according to them, it&#039;s OK to steal from MM because he&#039;s rich and he won&#039;t notice/mind, right?

Theft is theft.  To those who defend theft: you are the ones helping to hold back the Philippines.  Please stop.]]></description>
			<content:encoded><![CDATA[<p>Is it a Filipino thing to jump to the defense of the offender?  I&#8217;ve heard here so many, many times that I have to &#8220;understand&#8221; the person who has offended me or tried to steal from me.</p>
<p>This is theft of intellectual property.  If you don&#8217;t understand what intellectual property is (or property in general), perhaps some here should get an education on that subject before coming to the defense of the thief.	</p>
<p>@Butsoy: um, first, what is your point?  Second, you don&#8217;t see any similarity between the two?  It&#8217;s really quite obvious.  Look at the nose, look at the ears, look at the tail and its position.  This is clearly copied from the source (I describe above how it was derived &#8230; and I&#8217;ll do it again now: the &#8220;designer&#8221; created an outline of the Zubuchon pig and then used a wide brush to trace that outline).</p>
<p>You talk about the Philippines not advancing.  How can the Philippines advance with people stealing from each other?  With the Crab Mentality of many of the people &#8230; according to them, it&#8217;s OK to steal from MM because he&#8217;s rich and he won&#8217;t notice/mind, right?</p>
<p>Theft is theft.  To those who defend theft: you are the ones helping to hold back the Philippines.  Please stop.</p>
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		<title>
		By: butsoy		</title>
		<link>https://www.marketmanila.com/archives/not-identical-but#comment-279775</link>

		<dc:creator><![CDATA[butsoy]]></dc:creator>
		<pubDate>Sun, 06 Feb 2011 01:15:23 +0000</pubDate>
		<guid isPermaLink="false">http://www.marketmanila.com/?p=17185#comment-279775</guid>

					<description><![CDATA[@Junb- I  don&#039;t  see any similarities at all between two logos and not agreeing  with the bloggers opinion, makes me a person who don&#039;t have integrity and principle? I think speaking your mind  despite being the minority and not being influenced by somebody elses&#039;s opinion because they are POPULAR , has more INTEGRITY and PRINCIPLE. I did not think there was copying involved, so there was no wrongdoing  .Therefore, this country can move on...You know Junb what pisses me off more with this blog are some of the reader&#039;s comments who think they are better , more educated than the rest of the Filipinos. Every other business to you guys are incompetent, ignorant  and worst copiers- that&#039;s why Phil.  has not progressed. What is that called , &quot;talangka attitude&quot;?]]></description>
			<content:encoded><![CDATA[<p>@Junb- I  don&#8217;t  see any similarities at all between two logos and not agreeing  with the bloggers opinion, makes me a person who don&#8217;t have integrity and principle? I think speaking your mind  despite being the minority and not being influenced by somebody elses&#8217;s opinion because they are POPULAR , has more INTEGRITY and PRINCIPLE. I did not think there was copying involved, so there was no wrongdoing  .Therefore, this country can move on&#8230;You know Junb what pisses me off more with this blog are some of the reader&#8217;s comments who think they are better , more educated than the rest of the Filipinos. Every other business to you guys are incompetent, ignorant  and worst copiers- that&#8217;s why Phil.  has not progressed. What is that called , &#8220;talangka attitude&#8221;?</p>
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		<title>
		By: Marketman		</title>
		<link>https://www.marketmanila.com/archives/not-identical-but#comment-279703</link>

		<dc:creator><![CDATA[Marketman]]></dc:creator>
		<pubDate>Sat, 05 Feb 2011 10:53:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.marketmanila.com/?p=17185#comment-279703</guid>

					<description><![CDATA[crumpy, and I suppose when the &lt;a href=&quot;https://www.abs-cbnnews.com/lifestyle/11/18/10/pilipinas-kay-ganda-logo-lifted-poland-logo&quot; rel=&quot;nofollow&quot;&gt;DOT logo plagiarism issue&lt;/a&gt; cropped up late last year, you might have thought there was no noticeable similarity involved?...]]></description>
			<content:encoded><![CDATA[<p>crumpy, and I suppose when the <a href="https://www.abs-cbnnews.com/lifestyle/11/18/10/pilipinas-kay-ganda-logo-lifted-poland-logo" rel="nofollow">DOT logo plagiarism issue</a> cropped up late last year, you might have thought there was no noticeable similarity involved?&#8230;</p>
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		<title>
		By: crumpy		</title>
		<link>https://www.marketmanila.com/archives/not-identical-but#comment-279690</link>

		<dc:creator><![CDATA[crumpy]]></dc:creator>
		<pubDate>Sat, 05 Feb 2011 09:33:50 +0000</pubDate>
		<guid isPermaLink="false">http://www.marketmanila.com/?p=17185#comment-279690</guid>

					<description><![CDATA[I don&#039;t think there are any legal or ethical issues regarding the logo.  
Have seen more logos which are more misleading.
There may be similarities but the entire logo would be taken in consideration and not in part. The similarities are not the distinguishing factor of the logo.  Moreover, I doubt that even a simpleton would walk in Manang Elsaâ€™s Homemade Sisig and think that is is related to Zubuchon having its own logo and brand name.

I think though that publicizing Manang Elsaâ€™s Homemade Sisig in a negative connotation similar to a backstabbing type of attack is a bit unethical.  Further research should have atleast been made or if it really has caused any damages to Zubuchon in anyway then the 2 parties should have discussed it first and see if they could compromise and settle.

*Note: not related to any party just an avid reader]]></description>
			<content:encoded><![CDATA[<p>I don&#8217;t think there are any legal or ethical issues regarding the logo.<br />
Have seen more logos which are more misleading.<br />
There may be similarities but the entire logo would be taken in consideration and not in part. The similarities are not the distinguishing factor of the logo.  Moreover, I doubt that even a simpleton would walk in Manang Elsaâ€™s Homemade Sisig and think that is is related to Zubuchon having its own logo and brand name.</p>
<p>I think though that publicizing Manang Elsaâ€™s Homemade Sisig in a negative connotation similar to a backstabbing type of attack is a bit unethical.  Further research should have atleast been made or if it really has caused any damages to Zubuchon in anyway then the 2 parties should have discussed it first and see if they could compromise and settle.</p>
<p>*Note: not related to any party just an avid reader</p>
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		<title>
		By: Biy		</title>
		<link>https://www.marketmanila.com/archives/not-identical-but#comment-279689</link>

		<dc:creator><![CDATA[Biy]]></dc:creator>
		<pubDate>Sat, 05 Feb 2011 09:32:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.marketmanila.com/?p=17185#comment-279689</guid>

					<description><![CDATA[love, exciting and new , come aboard were expecting you. The Loveboat soon ul b making another run, the loveboat. .]]></description>
			<content:encoded><![CDATA[<p>love, exciting and new , come aboard were expecting you. The Loveboat soon ul b making another run, the loveboat. .</p>
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		<title>
		By: Marketman		</title>
		<link>https://www.marketmanila.com/archives/not-identical-but#comment-279681</link>

		<dc:creator><![CDATA[Marketman]]></dc:creator>
		<pubDate>Sat, 05 Feb 2011 07:39:37 +0000</pubDate>
		<guid isPermaLink="false">http://www.marketmanila.com/?p=17185#comment-279681</guid>

					<description><![CDATA[sister, here are &lt;a href=&quot;https://www.google.com/images?q=charlotte&#039;s+web+wilbur+logo&amp;hl=en&amp;client=safari&amp;rls=en&amp;prmd=ivns&amp;source=lnms&amp;tbs=isch:1&amp;ei=wP1MTZHhJ4fnrAeXj_jZBg&amp;sa=X&amp;oi=mode_link&amp;ct=mode&amp;cd=2&amp;ved=0CAcQ_AUoAQ&amp;biw=1528&amp;bih=1025&quot; rel=&quot;nofollow&quot;&gt;150+ images from Charlotte&#039;s Web and Wilbur&lt;/a&gt;, so maybe you can point out specifically which one appears to be the closest match in form, color or proportion to the Zubuchon logo.  No doubt logos are inspired by similar base sources, but it is the manner in which they are created and the distinctiveness of each design that holds sway when the trademark is registered...

If you google &quot;red pig&quot; here are &lt;a href=&quot;https://www.google.com/images?q=red+pig&amp;hl=en&amp;client=safari&amp;rls=en&amp;prmd=ivns&amp;source=lnms&amp;tbs=isch:1&amp;ei=wf9MTcicEYbIrQedm_TZBg&amp;sa=X&amp;oi=mode_link&amp;ct=mode&amp;cd=2&amp;ved=0CAcQ_AUoAQ&amp;biw=1528&amp;bih=1025&quot; rel=&quot;nofollow&quot;&gt;another hundred-plus images of red pigs&lt;/a&gt; and its easy to see that there are lots of ways to draw a red pig and they don&#039;t have to mirror each other.  ]]></description>
			<content:encoded><![CDATA[<p>sister, here are <a href="https://www.google.com/images?q=charlotte's+web+wilbur+logo&#038;hl=en&#038;client=safari&#038;rls=en&#038;prmd=ivns&#038;source=lnms&#038;tbs=isch:1&#038;ei=wP1MTZHhJ4fnrAeXj_jZBg&#038;sa=X&#038;oi=mode_link&#038;ct=mode&#038;cd=2&#038;ved=0CAcQ_AUoAQ&#038;biw=1528&#038;bih=1025" rel="nofollow">150+ images from Charlotte&#8217;s Web and Wilbur</a>, so maybe you can point out specifically which one appears to be the closest match in form, color or proportion to the Zubuchon logo.  No doubt logos are inspired by similar base sources, but it is the manner in which they are created and the distinctiveness of each design that holds sway when the trademark is registered&#8230;</p>
<p>If you google &#8220;red pig&#8221; here are <a href="https://www.google.com/images?q=red+pig&#038;hl=en&#038;client=safari&#038;rls=en&#038;prmd=ivns&#038;source=lnms&#038;tbs=isch:1&#038;ei=wf9MTcicEYbIrQedm_TZBg&#038;sa=X&#038;oi=mode_link&#038;ct=mode&#038;cd=2&#038;ved=0CAcQ_AUoAQ&#038;biw=1528&#038;bih=1025" rel="nofollow">another hundred-plus images of red pigs</a> and its easy to see that there are lots of ways to draw a red pig and they don&#8217;t have to mirror each other.  </p>
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		<title>
		By: Papichulo168		</title>
		<link>https://www.marketmanila.com/archives/not-identical-but#comment-279680</link>

		<dc:creator><![CDATA[Papichulo168]]></dc:creator>
		<pubDate>Sat, 05 Feb 2011 07:23:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.marketmanila.com/?p=17185#comment-279680</guid>

					<description><![CDATA[Yup, I can see how I&#039;m gonna get fooled by their logo:

*opens take-out bag*

&quot;WTF?!! BAKIT SISIG &#039;TO???!!!&quot;]]></description>
			<content:encoded><![CDATA[<p>Yup, I can see how I&#8217;m gonna get fooled by their logo:</p>
<p>*opens take-out bag*</p>
<p>&#8220;WTF?!! BAKIT SISIG &#8216;TO???!!!&#8221;</p>
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