Copyright/Trademark Logos?

[totschrei.livejournal.com]

Update: I would considered this semi-resolved as I have contacted the COMPANY as well working to make my own logo to not represent their in any way. My question still stands, however, it their selling of this logo that is copyrighted/trademarked is legal.

I am at a bit of a loss here.
Someone made a logo of something that has a character copyrighted/trademarked to a highly known company.
Recently, when using said logo completely re-drawn by me and not knowing the creator of said logo, was approched saying I couldn't use that logo at all because I am using their artwork.

But I am not using their artwork I am using the design which they (to my understanding) cannot copyright/trademark because it has the copyrighted/trademarked character. How much of this can be enforced? How much claim can be made? What are the restrictions? They are making money off their logo to my knowledge without the concent of the company in turn with is violation and theft?

I am really confused on what steps to take.
From what I came to undestand since COMPANY owns intellectual property rights/copyright/trademark the person who made the logo cannot copyright/trademark the logo since it is already owned. Thus they cannot take any action against someone using this logo unless someone is actually using their artwork. But they are trying to tell people not to use the logo while themselves selling T-shirts, Folders, accessories of this logo which again has the copyrighted/trademarked character.

What can I do to imrpove this? I don't want to be called a theif because I used a logo. I just want to know what is the stand here?
For now I have modified the logo to less represent theirs to not cause conflict.