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?

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.

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?

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.

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

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

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

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/

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

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.

you forgot to advise him to buy an island. lol

Talk. To. A. Lawyer.

You got a case. Talk to a lawyer.

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.

heh
 

Milose, proveri email :)

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

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 ?

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

That's a sexy response.

Post the logo so we can all see your work.

couldnt you go to small claims court for that one?

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

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?