Hikvision Partner "Homeland Surveillance" Distorts US Government Seals
By Isabella Cheng, Published Sep 16, 2021, 10:04am EDTA Hikvision USA partner, Homeland Surveillance, who recently petitioned the FCC, uses a logo that distorts elements of regulated US government seals.
The President of Homeland Surveillance, Sruli Gold, told IPVM that "we have seriously considered the amendments, legal definition and context to be in accordance with US law and clear enough to not be mistaken as a Government entity," including providing 9 steps they took not to be mistaken.
In this report, we examine the company's logos, its usage, and the regulations around the use of US government seals.
Company Background
Homeland Surveillance, Investigations & Installations is a Brooklyn, NY, integrator, founded in 2011, with 11 employees (per LinkedIn).
Petitioning US Government For Hikvision
Last month, Homeland Surveillance petitioned the US government in support of Hikvision explaining:
Our company incorporated in December of 2011 as a NY State licensed security and fire alarm installation company. To date we have installed and maintain +60,000 cameras in NYC and the surrounding areas. We have tried to install many different camera manufacturers models, some built in Korea, some in the USA and some in China. We were completely against using Hikvision products and we did everything that we could to stay away from them as they represented inferior quality, bad warranties and the lower end of the professional spectrum of CCTV hardware. However, without getting technical, we continued to have problems with the other camera manufacturers, images did not display true colors, cameras rated for harsh conditions did not last in harsh conditions, camera image quality was reduced after the installation and the cameras did not transmit true images 1 year later. We also experienced dry-rot, a condition that the camera lenses dry and crack, among other issues. With no choice we experimented with the Hikvision products and we were truly surprised to find the following when using Hikvision professional grade products (more)
Logo Usage
The company's logo is clearly displayed on Homeland Surveillance's website and LinkedIn profile:
The seal is used on the outside of its work trucks and highly visible to the public:
Regulation of US Government Seals
US Federal law prohibites displaying likenesses of US government seals in advertising that may reasonably convey a false impression of sponsorhip or approval of the US government. The question is whether this logo does.
Title 18 U.S. Code § 713 governs the use of the Great Seal and Presidential Seal:
Whoever knowingly displays any printed or other likeness of the great seal of the United States, or of the seals of the President or the Vice President of the United States, or the seal of the United States Senate, or the seal of the United States House of Representatives, or the seal of the United States Congress, or any facsimile thereof, in, or in connection with, any advertisement, poster, circular, book, pamphlet, or other publication, public meeting, play, motion picture, telecast, or other production, or on any building, monument, or stationery, for the purpose of conveying, or in a manner reasonably calculated to convey, a false impression of sponsorship or approval by the Government of the United States or by any department, agency, or instrumentality thereof, shall be fined under this title or imprisoned not more than six months, or both. [emphasis added]
The key to liability is whether people have been confused by the resemblance between Homeland Surveillance's logo and US government seals. Aaron Moss, a copyright and trademark litigation attorney, told IPVM:
Ultimately, liability would come down to proving that any company using the seal did so in a manner that was reasonably calculated to convey a false impression that the company was sponsored by a governmental agency.
Although Moss was unsure how the government legally views cases that do not use an exact replica of a government seal, he suggested the use could be "risky" given the particular industry:
It could be risky, especially for a commercial company providing security or defense services, to use a logo resembling an official governmental seal.
Stephen Carter, a professor at Yale Law School, wrote in the Chicago Tribune that the use of government seals is prohibited if it might be confusing:
The statute regulating (not “barring” or “prohibiting”) use of the presidential seal is drafted with care. Under Section 713, one commits a crime only by displaying the seal “in a manner reasonably calculated to convey a false impression of sponsorship or approval by the government of the United States or by any department, agency, or instrumentality thereof.” This language, borrowed from the law of unfair competition, is narrowly drafted to avoid trampling on First Amendment rights. Displaying a likeness of the seal is prohibited only when the use will create the “false impression of sponsorship or approval” — what courts in other contexts call “confusion as to source.”
In the law of trademark and unfair competition, it's not the use of someone else's brand name that's forbidden, but the use of that brand name in a way that might confuse the consumer. [emphasis added]
Homeland Surveillance Distorts US Government Seals
Homeland Surveillance's logo combines and distorts three US government elements:
(1) The center of the logo, including the eagle, constellation of stars above the eagle, and ribbon are from the Great Seal
(2) The larger ring of stars surrounding the eagle comes from the Presidential Seal
(3) The word "Homeland", from Homeland Security.
The graphic below shows how these 3 elements are combined:
9 Steps Taken Not To Be Mistaken For Government Office
Sruli Gold, the President of Homeland Surveillance, told IPVM that the logo is based on an emblem for his brother's company (Presidential Interiors), "but obviously, it's a play on the Presidential Seal."
Gold enumerated 9 steps they say they took not to be mistaken for government office, copied in full below:
We have taken many steps to ensure that our logo is not mistaken as that of a government office, these include:
a) clearly including our company name around the logo
b) leaving out the prefix of "office of" or "department of"
c) including the word "installations" in our company name
d) replacing the branches and arrows with a video camera and handcuffs
e) we leave out "E Pluribus Unum"
f) we do not use gold or yellow coloring in our trim
g) we do not use the word "seal"
h) our shield in the center of the eagle is squared and lined as opposed to triangled and open on top
i) our company logo is always displayed with our phone number and website like it is listed below in my email signature below. [embedded to the right]
Risk of Causing Confusion
The resemblance between Homeland Surveillance's logo and US governmental seals risks confusing the public into believing that the company may be affiliated with the US government.
Running the logo through Bing's reverse image search brings up search results for "United States Seal" and "Presidential Seal" as well as a number of official US government seals, for example, the Great Seal which is used by US embassies.
Given that Homeland Surveillance is working in the security industry, the possibility of integrators being misidentified as Homeland Security personnel is increased. Gold, the President of Homeland Surveillance, told IPVM that people have contacted his company before, seeking immigration services (Immigration and Naturalization is one of the departments of the DHS):
Once in a while, very infrequently, we'll get a request from someone who has found us online, and they want to talk to an immigration person. With this, we tell them that they're not calling the right place.
US Government Responds to IPVM
IPVM first contacted DHS given the similarity between 'Homeland Surveillance' and 'Homeland Security", DHS told us that while the HOMELAND use resembled DHS, the seal more resembled the Great Seal:
It is not the center eagle/seal of DHS but more resembles the National Security, Dept of State and the Great Seal of the United States (Presidential) seal. The colors is not the official blue or red (or our other hues) used by DHS. The only thing that immediately suggest reference is the font and use in caps of HOMELAND.
We then contacted the Department of State, as they are the Custodian of the Great Seal, who explained that potential misuse is under the jurisdiction of the DoJ:
Public Law 91-651, which can be found at Title 18 of the U.S. Code, sets out criteria which governs use of the Great Seal. This is a criminal statute with penal provisions, prohibiting certain uses of the Great Seal that would convey or reasonably be calculated to convey a false impression of sponsorship or approval by the Government of the United States or any department, agency, or instrumentality thereof.
Although the Secretary of State is custodian of the Seal, the Department of State has no authority to grant or withhold permission for use of reproductions, facsimiles, or likenesses of the Seal, or any part thereof. It depends on the circumstances in each case whether the particular use of the Seal would be improper and, as such, it is a function of the Department of Justice to determine whether any particular use violates the Statute.
The DoJ declined to comment though a source with knowledge of the DoJ's approach on such matters told IPVM:
The determination of whether any commercial logo unfairly trades on the goodwill or rights of another entity (whether governmental or commercial) is generally governed by 15 U.S.C. § 1125. That section requires, in part, a determination of whether the similar logo is likely to cause confusion, mistake, or to deceptively convey an affiliation, connection, or association between the logo's owner and another entity, or whether the logo is likely to deceive the public as to the origin, sponsorship, or approval of the logo owner's goods, services, or commercial activities by another person or entity.
While the Department of Justice generally regulates / enforces this, we do not have any information about how they would or how often they do anything about such use by corporations.
Highly Atypical For Companies
IPVM could find few, if any, other examples of companies using / adapting / distorting US government seals in advertising. Parody examples, like the "Department of Homeland Stupidity" do exist but those are non-commercial and protected under the First Ammendment.
Confusion For Customers
The concern is how such a logo, based on US government seals, could confuse customers and give the very rare businesses that does so an advantage in conveying trust, especially when selling security and surveillance products. This is magnified by Homeland Surveillance's petitioning for and selling of products from a company that is NDAA banned and sanctioned for human rights abuses.
Legality Unclear
IPVM does not know whether this is legal or not. We do believe that it exists in a legal gray area and, minimally, raises ethical concerns.
Poll / Vote
1 report cite this report:
Comments (76)
It's a bit nerdy but always look at the license plates. Homeland Surveillance's vehicles clearly have standard NYS Empire Gold plates and not US Government or NYS police plates.
New York is filled with impersonators and people looking to take advantage of others, only takes a simple Google search not to get duped.
IPVM could find few, if any, other examples of companies using / adapting / distorting US government seals in advertising.
Innovative and creative use of logo development. Others are jelli they didn't think of it or have the brass to attempt it. Ever tried parking a service truck in NYC, Chicago, Atlanta, Dallas, LA? Their service trucks, I'm guessing, may give them a bit of an edge when looking for those all important parking locations too. This is not blog-worthy and anyone confused by their logo probably also gets confused as to which fast food restaurant they think they're pulling into at times, as well, when they bring their noses up from their phones for a second and a breath of air. Nice job Homeland Surveillance. Love the logo and artwork. I hope ipvm isnt attacking potentially Jewish owned companies now.
Beside looking cool, the only other purpose to use a design that is similar to government agencies is to create a perception that they are not a private entity, and/or at least affiliated with some form of government agency.
One way to determine if there is a possible intention mislead or misrepresent beyond the company name and logo, would be to interview some customers. Ask them if they believed their services are provided by, authorized by, or associated with Homeland security or other government agencies. Ask if the sales or service personnel imply, allow or encourage continuation of that perception? Checking Website and marketing materials may help to indicate if they imply or mislead the customer into believing they are dealing with a government agency. Most important would be to check actual contracts agreements. Is there a clear disclaimer on the front of the contract clarifying they are not associated with, part of, approved by Homeland Security or any government agency other than for licenses required by State, County, City, or Authority having jurisdiction.
To avoid accidental misunderstandings, a clear disclaimer statement on all marketing materials would be a possible suggestion, if indeed there is no interest in confusing or misleading potential customers.
Although a clever marketing approach, there are many possibile logo designs that represent their type of business that would not cause anyone to mistake them for one of the most visible and important government agencies in the country, especially in New York City.
Any company using a Name and/orLogo similar to a government law/code enforcement, or law enforcement agency should be cautious. Doing so may potentially open them to local legal or civil liability. Especially if a customer makes a purchase decision based on believing they are doing business with with a government agency or affiliated entity. Especially if there was a failure of the system to provide the services expected, or if they would have otherwise chosen another company to do the work.
When differentiation between government agencies and private industry is confusing it can make it easier for bad criminals to perpetuate fraud. By using designs and names having similarity to official agency Logos on vehicles, uniforms, and ID, bad actors might gain entry to a secured location they otherwise would not have access.
This one reason most State licensing agencies have specific guidelines in their application and licensing processes forbidding business entities from using names Logos, or any other design that could confuse or mislead consumers into thinking they are law enforcement agencies. This is especially true in the Security and emergency response industries.
Everyone in business wants the marketing path of least resistance.
Our industry provides essential security and life safety services. Customers need to have confidence, comfort, and a clear understanding of whom they are doing businesss with, and what services are and are not provided. As an industry we should all want to assure there is never misrepresentation, confusion, or deliberate misleading of customers about who is providing the services they are receiving.
In the last couple of years it has become clear that within our industry, there are predatory and unethical vendors and providers deliberately misleading the public and abusing that trust.
Hopefully with more industry visibility through the media, and the industry working together with regulatory agencies, this can be reduced if not totally eliminated.
regardless of the legalities of creating and using such a logo, you can't, with a straight face, argue that Mr. Golds logo is not clearly attempting to mimic the DHS logo - on purpose.
what benefits this might bring his company may be in question, but even if it is completely legal to create such a similar logo to DHS's logo, the cheese factor is high, imo.
3 odd things about this company:
1. They say Investigations and Installations:
but I see no evidence on their website of such services. It certainly adds a little LE panache on the logo, though.
2. Despite being an ardent Hik customer whose “life, my employees lives” will be “severely impacted” by a Hik ban, they don’t even list them as a vendor partner:
3. On their website, they are displaying a map with drop pins/street addresses of hundreds of their customers. Is this a good idea?
Maybe a nice guide for a fired, disgruntled employee who knows the passwords?
In any event, does it make the sites more secure?
This is actually very clever!
The starting frame of the gif is blank (transparent), then the central elements of the seal quickly zoom into view,
then the rest of the logo is drawn. It’s at least 3 seconds before the first clue that it’s not a government logo appears, the word “Surveillance”.
So right off the bat you’re thinking “gov, gov, gov, HOMELAND S” and then you think SECURITY.
The fact the owner of this company had to give 9 reasons why it doesn't look the same, is an admission that it does, kinda look the same.
Why would you ever come up with this logo if your sole intention was not to deceive the public?
As for another commenter that stated they probably get a free pass parking in NYC, doesn't that literally mean they are doing it for benefits, which is what makes it illegal?
Great marketing if you can get away with it, but don't be surprised if they come knocking.

09/21/21 02:32pm
This is a "Karen" article. Some dude in NY is working his rear off to make a legit living and has a creative logo. Y'all did not think of it 1st so go f'n tattle on the guy.
"and Installation" <<<< That word implies WORK, something you wont find at any Department of the US Gov.
The purpose of the logo is just to make you look. Y'all hauled off and wrote an entire world wide news article for him instead. Suckers.
Cher "any publicity is good publicity"
I am sorry to see I am in the minority. There must be VERY few BUSINESS OWNERS as members of IPVM voting.
Go back to writing articles on why it is SOOO much cheaper to make a 2.8 mm lens vs a 4mm lens. So write about things we need to know that will help our business, not tattle tale articles.
Bad idea anyway you look at it.
The seals belong to us as The People, not to an individual.
"d) replacing the branches and arrows with a video camera and handcuffs" . Oh that's a video camera. At first I thought it was a PAINT ROLLER!