Any GFY Lawyers in the House? Logo design copyright information.

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • TripleXPrint
    Confirmed User
    • Apr 2007
    • 983

    #1

    Any GFY Lawyers in the House? Logo design copyright information.

    7 years ago I designed a logo for a small nightclub in my area. After numerous attempts to collect my money, they never paid me for the logo design. I only charged them $150 so I pretty much wrote it off and moved on with my life.

    Since then the club has blown up and my logo is branded all over the place. On flyers, billboards, radio station promotions, etc. It's probably the biggest nightclub in my area and the brand is very recognizable.

    I have proof that I did the original logo design and I have emails from the owners showing where they wanted minor revisions done. I also have emails where I asked them to pay but those were obviously ignored.

    Should I slap them with a C&D and ask for more money. Contact the club and ask them for the original amount. Or should I get an attorney and sue them for every time they used the logo (which in 7 years has to be at least a 1000 times). I don't know what to do and every time I see the logo that I never got paid to do, it pisses me off to no end. I know they're making money off of it so why shouldn't I?
    Skype: Triplexprint
  • Ayla_SquareTurtle
    Confirmed User
    • Sep 2005
    • 3550

    #2
    I'm not a lawyer, but it would seem to me at this point that you still own the logo since you were never paid for it.
    gone. long gone.

    aylasquareturtle .."a"t".. gmail dawt com

    Comment

    • After Shock Media
      It's coming look busy
      • Mar 2001
      • 35299

      #3
      You own the logo. You are also limited in the damages you can file for due to not filing it with copyright office.
      Also did you check to see if they TM the logo, and if so why did you not contest it?

      [email protected] ICQ:135982156 AIM: Aftershockmed1a MSN: [email protected]

      Comment

      • dodger21
        Confirmed User
        • Jan 2003
        • 2680

        #4
        7 years is a long time to let it go. I doubt you have a case here.. Just like any other trademark, if you dont stop others from infringing on it, you risk losing it.
        icq: 237055440

        Comment

        • woj
          <&(©¿©)&>
          • Jul 2002
          • 47880

          #5
          You only have emails from 7 years ago and psd file as "proof"? I would think you are shit out of luck...
          Custom Software Development, email: woj#at#wojfun#.#com to discuss details or skype: wojl2000 or gchat: wojfun or telegram: wojl2000
          Affiliate program tools: Hosted Galleries Manager Banner Manager Video Manager
          Wordpress Affiliate Plugin Pic/Movie of the Day Fansign Generator Zip Manager

          Comment

          • Mister E
            Confirmed User
            • May 2007
            • 958

            #6
            I would contact them, congardulate them on their success and offer your services

            If that fails...fuck them with a stick...and recoup however
            [email protected] ICQ 382987380
            www.guerillatraffic.com Micro Niche Traffic
            Hit me up for FREE Plugins That Pay!

            Comment

            • DateDoc
              Outside looking in.
              • Feb 2005
              • 14243

              #7
              Find the best atty that works on a contingency basis in this field in your town. Go meet with them (1st meeting is usually free) and explain the situation to them. I am sure you have a legit case but they may say all you will get is $150 plus interest etc. and that you can do on your own. You should also register your work with the copyright office - http://www.copyright.gov/

              Comment

              • JamesK
                hi
                • Jun 2002
                • 16731

                #8
                1. Get a good lawyer
                2. Sue them for $15 million
                3. Enjoy your vacation to the carribean islands
                M3Server - NATS Hosting

                Comment

                • Nishville
                  So Fucking Banned
                  • Jan 2008
                  • 284

                  #9
                  It's not worth dude. Only thing u'll get from it is headache. I suggest you to promote yourself with that logo by putting it in your portfolio cuz that's the best u'll get.

                  Comment

                  • Vick!
                    Confirmed User
                    • Nov 2005
                    • 6882

                    #10
                    Originally posted by JamesK
                    1. Get a good lawyer
                    2. Sue them for $15 million
                    3. Enjoy your vacation to the carribean islands
                    you forgot to advise him to buy an island. lol
                    Affordable Quality Web Hosting

                    Comment

                    • GrouchyAdmin
                      Now choke yourself!
                      • Apr 2006
                      • 12085

                      #11
                      Talk. To. A. Lawyer.

                      Comment

                      • fluffygrrl
                        So Fucking Banned
                        • May 2006
                        • 2187

                        #12
                        You got a case. Talk to a lawyer.

                        Comment

                        • mikesouth
                          Confirmed User
                          • Jun 2003
                          • 6340

                          #13
                          yes you need a lawyer here are the upsides and downsides

                          upsides you dont have to file a copyright for it to be enforceable. You can get compensation based on how much money the work has made the club, hard to prove a specific amount yes, but it can be done and it sounds like its a LOT of money.

                          downside. If you fail to enforce a copyright it falls into the public domain, what you will need is ongoing proof that you tried to get paid, otherwise the copyright issue may not be enforceable.

                          upside copyright defense is very expensive, they will likely settle out of court rather than fight it.

                          downside its expensive for you too but their settlement should include your fees

                          what you need is a SHARP Intellectual property lawyer.
                          Mike South

                          It's No wonder I took up drugs and alcohol, it's the only way I could dumb myself down enough to cope with the morons in this biz.

                          Comment

                          • femdomdestiny
                            Confirmed User
                            • Apr 2007
                            • 5186

                            #14
                            heh

                            Originally posted by Nishville
                            It's not worth dude. Only thing u'll get from it is headache. I suggest you to promote yourself with that logo by putting it in your portfolio cuz that's the best u'll get.
                            Milose, proveri email
                            Femdom Destiny


                            --------------------------------------------
                            ICQ: 463-630-426
                            email: webmaster(at)femdomdestiny.com

                            Comment

                            • Ron Bennett
                              Confirmed User
                              • Oct 2003
                              • 1653

                              #15
                              Definitely get a good attorney that specializes in copyright and TM law.

                              Based on the cursory info you've provided, an out of court settlement of around $10K plus attorney costs at the getgo is very realistic.

                              Ron
                              Domagon - Website Management and Domain Name Sales

                              Comment

                              • pornlaw
                                Confirmed User
                                • Feb 2007
                                • 1902

                                #16
                                If you never signed a work for hire agreement waiving your rights to the logo, it remains yours. You have however given them a non-exclusive license to use the logo.

                                First off, write them a letter informing them that they no longer have the right to use to logo for any purpose and that you are terminating the license effective immediately. Send it to them via certified mail return receipt, fax and email.

                                Once they get your letter, they may seek out a lawyer and then come back to you with a reasonable offer to settle and buyout the rights.

                                If they do not respond, file for copyright protection on the logo. This is something you will need a lawyer for.

                                Once you have the registration from the copyright office, you can proceed with litigation.

                                How much are you looking to get for it ?
                                Michael

                                www.AdultBizLaw.com

                                Comment

                                • Iron Fist
                                  Too lazy to set a custom title
                                  • Dec 2006
                                  • 23400

                                  #17
                                  Sucks to be.... you.....no... them? hmm... I dunno... exiting.
                                  i like waffles

                                  Comment

                                  • Nysus
                                    Confirmed User
                                    • Aug 2001
                                    • 7817

                                    #18
                                    Originally posted by pornlaw
                                    If you never signed a work for hire agreement waiving your rights to the logo, it remains yours. You have however given them a non-exclusive license to use the logo.

                                    First off, write them a letter informing them that they no longer have the right to use to logo for any purpose and that you are terminating the license effective immediately. Send it to them via certified mail return receipt, fax and email.

                                    Once they get your letter, they may seek out a lawyer and then come back to you with a reasonable offer to settle and buyout the rights.

                                    If they do not respond, file for copyright protection on the logo. This is something you will need a lawyer for.

                                    Once you have the registration from the copyright office, you can proceed with litigation.

                                    How much are you looking to get for it ?
                                    That's a sexy response.
                                    What name is pr0 / Untouched Markets using these days? Untouched Markets - pr0 - Refund My Money Now

                                    Someone owes me $2,000 because they didn't do any work that was paid for *pointing at pr0 / William / UntouchedMarkets*

                                    See http://www.gfy.com/showthread.php?p=16744521 and for more detailed see http://www.gfy.com/showthread.php?t=948645

                                    Comment

                                    • WebCashMaker
                                      Confirmed User
                                      • Feb 2008
                                      • 1726

                                      #19
                                      Post the logo so we can all see your work.




                                      Comment

                                      • CyberHustler
                                        Masterbaiter
                                        • Feb 2006
                                        • 28806

                                        #20
                                        Show the logo...
                                        “If you can convince the lowest white man he’s better than the best colored man, he won’t notice you’re picking his pocket. Hell, give him somebody to look down on, and he’ll empty his pockets for you.”

                                        Comment

                                        • tony299
                                          lurker
                                          • Aug 2002
                                          • 57021

                                          #21
                                          couldnt you go to small claims court for that one?

                                          Comment

                                          • FreeHugeMovies
                                            Too lazy to set a custom title
                                            • Dec 2001
                                            • 14142

                                            #22
                                            Contact a lawyer. It will be a free first time visit. The statue of limitations may be a problem for you.

                                            Comment

                                            • GrouchyAdmin
                                              Now choke yourself!
                                              • Apr 2006
                                              • 12085

                                              #23
                                              Originally posted by WebCashMaker
                                              Post the logo so we can all see your work.
                                              Even if your's isn't a ripoff, you could still be sued based upon it.*





                                              * It's been a few days since a Dateline reference, hasn't it?

                                              Comment

                                              Working...