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   Use of Logo,Images and Media without permission
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   Author  Topic: Use of Logo,Images and Media without permission  (Read 2023 times)
shanman
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Use of Logo,Images and Media without permission
« on: May 19th, 2006, 9:33pm »
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One of my best clients referred an associate to me for design work. I designed a logo, brochure, website, business card and flyer for this associate, at the end of the project he refused to pay.  
 
We were on opposite sides of the country no contract was signed physically only online. Now two weeks later, I came across the logo and flyer in a magazine, I called this magazine and was informed they have used my material for 4 issues of this magazine over the last month, even BEFORE he said he wouldnt pay. A friend in his city went to his office and took pictures of my logo and brochure on signs,his front door and brochures. He also have the business card printed and the logo etc on DVD cases.
 
I offered him a payment plan if he was low on funds, I offered a slight fee reduction to avoid court, he says he will not pay and as soon as he gets a new designer he will change the logo on his door and in the office to a logo similar to mine but different so it isnt mine. (he doesnt know I know about the magazines)
 
I am in Ontario, Canada what should I do? What can I do legally? Is there anyone on this forum that can help?  lawyer or paralegal ?
« Last Edit: May 19th, 2006, 9:44pm by shanman » IP Logged
JSonnabend
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Re: Use of Logo,Images and Media without permissio
« Reply #1 on: May 22nd, 2006, 7:18am »
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By your description, your rights have certainly been infringed by the client, and you should  be able to gain some relief for the infringement.  The question is, is the amount of relief you're likely to get worth the hassle and expense required to get it?  If so, speak to an attorney, who at the very least can draft a stern cease and desist letter to the appropriate parties.
 
I handle matter such as this routinely, as do other attorneys here.
 
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
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