Hi all; I got a problem. Just a few hours ago, someone contact me, and told me that I'm breach his logo term. The story began like this. Two years ago, I launch a logo contest on my blog. At that time, I am really a newbie, that I never thought about inserting the tos, that all entry will be mine to do. Its turned that, I don't select the logo to be the winner, since there was a better banner to go to my blog. But, I never throw away the logo, instead I used it for other project like my banners and sales letter. And now, he coming to claim the logo. What to do huh? I used the logo all over the banners everywhere. It is hard to remove all one by one. Out of control One more thing, he also told me that he had sold the right of the logo to other. Ahh....what to do? Please anyone help....
Honestly, I think you are screwed. If you used it... The person should have had any compensation. You could start by appologizing to him. Most people get a bit softer, when this is done. Then you should hire someone to build a new logo and design - or do it yourself. whichever you choose, you should do it, asap.
You might not be screwed. The facts of the situation are important to how this problem evolves. How did you announce the contest? What did it say about the use of the logo? What was the expectation of the submitter?
You had a contest and selected a winner, which I'm guessing was compensated. Unless you had specifically said all entries were your property, without compensation, I think you are liable. Since the owner has already sold the rights to the other logo, I am not sure he is still the copyright holder (really depends on their agreement) but in any event, I would immediately start removing the logo. Another option would be to pay the current owner of the logo a usage fee.
Just explain to him what happened and start removing the logo. I'm sure it will be resolved in an amicable manner. Be sure to always ask a permission to use someones images before you copy it. If you do not hear from the owner it does not mean that the permission was granted.
Remove the logo or work out some compensation. Unless you stated all entries become your property you shouldnt have used a logo you didnt pay for just because the designer didnt watermark it.