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Contest Logo for a neurologist - 100 USD

Discussion in 'Design Contests' started by prion, Dec 27, 2014.

  1. Iulian M.

    Iulian M. Active Member

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    #101
    Iulian M., Jan 7, 2015 IP
    frikusha likes this.
  2. rxzor

    rxzor Well-Known Member

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    #102
    The logo is made by me, available for commercial use because it is not a registered trademark symbol. I have the exclusive right and complete control of my logos. If the client wants to receive full rights of the logo, I will forward him a bilateral contract which he must agree with. The thing is - the previous client didn't mention any terms and conditions. If you have no idea about copyright/trademark and registration laws please get your facts straight before you decide to mention anything else.

    It's like accusing someone for using a free font vailable for commercial use.
     
    rxzor, Jan 7, 2015 IP
  3. prion

    prion Active Member

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    #103
    Are you serious, rxzor?

    That was one of the requirements:
    How would you do that when you already sold the rights on that logo (or at least partially did)?
     
    prion, Jan 7, 2015 IP
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  4. Iulian M.

    Iulian M. Active Member

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    #104
    When you make a logo for a client, you lose any rights on that. You also have that image for sale. It is not fair, this is a scam. Do you think that the contest holder wants to have exactly the same logo with someone else? You people make me sick.
     
    Iulian M., Jan 7, 2015 IP
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  5. rxzor

    rxzor Well-Known Member

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    #105
    I will do that by sending you the files and a bilateral contract you must agree with - in case you want full rights of the logo. The previous client didn't do that - he is not even using my logo anymore. That doesn't matter unless you SIGN a contract. Until then the logo is available for COMMERCIAL use.
     
    rxzor, Jan 7, 2015 IP
  6. Iulian M.

    Iulian M. Active Member

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    #106
    Iulian M., Jan 7, 2015 IP
  7. iulia87

    iulia87 Active Member

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    #107
    really? http://www.effectivebrain.com/ here's the logo.....
     
    iulia87, Jan 7, 2015 IP
  8. prion

    prion Active Member

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    #108
    So you are saying here you would pass full rights on to me? Well what happens to the guy then that gave you money for that logo? He would not have any right to it in your opinion because he didn´t sign a contract? Is that really how you do business???

    Despite of that - other than you claim - he IS using it: http://www.effectivebrain.com/
     
    prion, Jan 7, 2015 IP
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  9. friedbass

    friedbass Member

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    #109
    "When you make a logo for a client, you lose any rights on that." That is an un-educated statement.. at least in terms of U.S. Laws"

    I'm not condoning what rxzor did "I think it is wrong" but the above statement is wrong.
     
    friedbass, Jan 7, 2015 IP
  10. rxzor

    rxzor Well-Known Member

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    #110
    I have no idea why you don't understand the meaning of commercial/personal use. The previous client didn't sign a contract with me nor did register the logo as a trademark. I can still use it.

    Really? Are you serious? If I send someone a couple of files that doesn't mean he has exclusive rights over my intellectual property until a reciprocal and written arrangement takes place.
     
    Last edited: Jan 7, 2015
    rxzor, Jan 7, 2015 IP
  11. prion

    prion Active Member

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    #111
    Registering a logo as a trademark got nothing to do with the contract you did with your other customer...

    The question is how much of the creation rights you handed on the guy you sold the logo to. Now even if you would have passed on only partial rights (which would be a matter of a court´s decision as it´s not specificated) then it would make it impossible to get full rights on that logo as you ALREADY passed partial rights... so even if I would say I am ok with the logo being re-used there would be no way to use it exclusively (when not taking into consideration that it would simply be unfair to do that to the guy who bought the logo before)...
     
    prion, Jan 7, 2015 IP
  12. friedbass

    friedbass Member

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    #112
    It boils down to morals rxzor.

    If you did not disclose this to all parties involved, you should "at the very least" be morally obligated.


    This should actually be the end of it as I am sure prion is smart enough to not use the mark.
     
    friedbass, Jan 7, 2015 IP
  13. rxzor

    rxzor Well-Known Member

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    #113
    It actually boils down to common sense. I don't disclose the owner of a font or stock image, for example, if I'm using his work.

    I actually appreciate your judgement, friedbass. Other people around here try to nail me for no reason at all - even when they're fully aware I'm right.
     
    rxzor, Jan 7, 2015 IP
  14. friedbass

    friedbass Member

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    #114
    EDIT:

    exercise in futility.. comment removed.
     
    friedbass, Jan 7, 2015 IP
  15. Iulian M.

    Iulian M. Active Member

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    #115
    You cannot use stock images for commercial purpose. If you buy a image, is for own personal use, you don't have the right to sell it. Some fonts are also under commercial rights, so you cannot use for logos, also.
     
    Iulian M., Jan 7, 2015 IP
  16. rxzor

    rxzor Well-Known Member

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    #116
    Of course not, that's why I'm a designer on Digital Point - people around here should deal with such common sense, at least. Previous client, which logo can be found on effectivebrain.com ( I thought he is not using it anymore because I didn't find any related info of it on Google ), didn't even bother with such nonsense, that's why his logo is CURRENTLY, under my right, available for commercial use.

    Really? I can provide you hundreds of examples of fonts/stock images available for use. Why do you keep trying to blame me if you know I'm right?
     
    rxzor, Jan 7, 2015 IP
  17. friedbass

    friedbass Member

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    #117
    Actually gave me some fuel for some articles.. Has been done, but will surely be a bed of some good debate.
     
    friedbass, Jan 7, 2015 IP
  18. rxzor

    rxzor Well-Known Member

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    #118
    It could be indeed an amazing debate but you must admit I'm right, even though I agree with the moral obligation to disclose this to all parties involved because after all, I have sold it once. I thought it would be common sense not a duty. I should do this all the time because people around here have no idea about intellectual property/commercial law - even a tiny bit.

    Same thing happens on logogarden.com for example, or tens of other websites where you can design your own logo through some simple clicks.


    I have sold a lot of logos and signed a mutual contract with the owner - meaning the client has full rights and control over it. The one still available is http://deximedia.com/
     
    rxzor, Jan 7, 2015 IP
  19. Iulian M.

    Iulian M. Active Member

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    #119
    Iulian M., Jan 7, 2015 IP
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  20. prion

    prion Active Member

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    #120
    In fact you are not right rxzor as you already sold at least partial rights of the logo which makes it impossible to gain full rights on the logo as I requested... and you surely know that yourself... why would you post the logo in the last contest publically and now only send it by private message if everything was all that easy as you are trying to put it here....

    anyway as I told you I am contacting the other buyer and if everything is correct you told me I might still consider buying the logo with FULL rights (though I doubt that a guy that bought a logo would agree to give up all rights on a logo he just bought a few months ago)... we shall see.

    regards,
    Albert
     
    prion, Jan 7, 2015 IP