Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[Bill Richards]

Employee designs mark for employer who then proceeds with registration, etc.  Considering it's his creative result, does employee have any inherent rights in the design itself?  Copyright??

[Lyza]

This would be a copyright issue rather than an issue of trademark ownership.

[JSonnabend]

If the employee created the logo as an employee, that is, the creation of the logo was done within the scope of the employee's employment, then the employer is likely the author of the logo for copyright purposes and the employee has no rights of authorship.  

In the event that the employee created the logo outside of the scope of employment (e.g., as a "side job"), then the employee likely does have authorship interests.  This situation arises often, albeit usually when an outside contractor is hired to create a logo.  There are steps one can take after the fact to minimize risk, but none are as low risk as pre-creation steps one could take.

- Jeff