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

TripleXPrint · 05-13-2008, 11:45 AM

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?

Ayla_SquareTurtle · 05-13-2008, 12:07 PM

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.

After Shock Media · 05-13-2008, 12:12 PM

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?

dodger21 · 05-13-2008, 12:19 PM

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.

woj · 05-13-2008, 12:23 PM

You only have emails from 7 years ago and psd file as "proof"? I would think you are shit out of luck...

Mister E · 05-13-2008, 12:31 PM

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

If that fails...fuck them with a stick...and recoup however

DateDoc · 05-13-2008, 01:04 PM

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/

JamesK · 05-13-2008, 01:08 PM

1. Get a good lawyer
2. Sue them for $15 million
3. Enjoy your vacation to the carribean islands

Nishville · 05-13-2008, 01:09 PM

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.

Vick! · 05-13-2008, 01:21 PM

Quote:

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

GrouchyAdmin · 05-13-2008, 01:27 PM

Talk. To. A. Lawyer.

fluffygrrl · 05-13-2008, 01:58 PM

You got a case. Talk to a lawyer.

mikesouth · 05-13-2008, 02:14 PM

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.

femdomdestiny · 05-13-2008, 02:33 PM

Quote:

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

Ron Bennett · 05-13-2008, 02:44 PM

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

pornlaw · 05-13-2008, 05:13 PM

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 ?

Iron Fist · 05-13-2008, 05:17 PM

Sucks to be.... you.....no... them? hmm... I dunno... exiting.

Nysus · 05-13-2008, 06:36 PM

Quote:

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.

WebCashMaker · 05-13-2008, 06:50 PM

Post the logo so we can all see your work.

CyberHustler · 05-13-2008, 06:52 PM

Show the logo...

tony286 · 05-13-2008, 06:54 PM

couldnt you go to small claims court for that one?

FreeHugeMovies · 05-13-2008, 09:11 PM

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

GrouchyAdmin · 05-13-2008, 09:12 PM

Quote:

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?

05-13-2008, 11:45 AM	#1
TripleXPrint Confirmed User Join Date: Apr 2007 Posts: 983	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

05-13-2008, 12:07 PM	#2
Ayla_SquareTurtle Confirmed User Industry Role: Join Date: Sep 2005 Location: 5000 full paysite reviews and counting Posts: 3,550	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

05-13-2008, 12:12 PM	#3
After Shock Media It's coming look busy Join Date: Mar 2001 Location: "Ph'nglui mglw'nafh Cthulhu R'lyeh wgah'nagl fhtagn". Posts: 35,299	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]

05-13-2008, 12:19 PM	#4
dodger21 Confirmed User Join Date: Jan 2003 Location: Los Angeles Posts: 2,680	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

05-13-2008, 12:23 PM	#5
woj <&(©¿©)&> Industry Role: Join Date: Jul 2002 Location: Chicago Posts: 47,882	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

05-13-2008, 12:31 PM	#6
Mister E Confirmed User Join Date: May 2007 Posts: 958	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!

05-13-2008, 01:04 PM	#7
DateDoc Outside looking in. Industry Role: Join Date: Feb 2005 Location: To Hell You Ride Posts: 14,243	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/ __________________

05-13-2008, 01:08 PM	#8
JamesK hi Industry Role: Join Date: Jun 2002 Posts: 16,731	1. Get a good lawyer 2. Sue them for $15 million 3. Enjoy your vacation to the carribean islands __________________ M3Server - NATS Hosting

05-13-2008, 01:09 PM	#9
Nishville So Fucking Banned Join Date: Jan 2008 Posts: 284	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.

05-13-2008, 01:27 PM	#11
GrouchyAdmin Now choke yourself! Industry Role: Join Date: Apr 2006 Posts: 12,085	Talk. To. A. Lawyer. __________________ AIM: GrouchyGfy

05-13-2008, 01:58 PM	#12
fluffygrrl So Fucking Banned Join Date: May 2006 Posts: 2,187	You got a case. Talk to a lawyer.

05-13-2008, 02:14 PM	#13
mikesouth Confirmed User Industry Role: Join Date: Jun 2003 Location: My High Horse Posts: 6,334	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.

05-13-2008, 02:44 PM	#15
Ron Bennett Confirmed User Join Date: Oct 2003 Posts: 1,653	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

05-13-2008, 05:13 PM	#16
pornlaw Confirmed User Join Date: Feb 2007 Location: Los Angeles, CA Posts: 1,854	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

05-13-2008, 05:17 PM	#17
Iron Fist Too lazy to set a custom title Join Date: Dec 2006 Posts: 23,400	Sucks to be.... you.....no... them? hmm... I dunno... exiting. __________________ i like waffles

05-13-2008, 06:50 PM	#19
WebCashMaker Confirmed User Join Date: Feb 2008 Posts: 1,726	Post the logo so we can all see your work. __________________

05-13-2008, 06:52 PM	#20
CyberHustler So Fucking Banned Industry Role: Join Date: Feb 2006 Posts: 25,214	Show the logo...

05-13-2008, 06:54 PM	#21
tony286 lurker Industry Role: Join Date: Aug 2002 Location: atlanta Posts: 57,021	couldnt you go to small claims court for that one?

05-13-2008, 09:11 PM	#22
FreeHugeMovies Too lazy to set a custom title Join Date: Dec 2001 Location: Charlotte, NC Posts: 14,137	Contact a lawyer. It will be a free first time visit. The statue of limitations may be a problem for you.