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Question about logo design

Discussion in 'Legal Issues' started by 3beem.com, Feb 21, 2006.

  1. #1
    I designed a logo for a client and he didnt pay so I emailed him and he told me he had registered the logo with the UK Patent Office and officially I have no rights over it...

    He has sent me a screenshot to show he paid today but got two queries...

    How can you patent a Logo? Should it not be a trademark???

    and

    How can he stake a claim on the logo which he doesnt own until I receive payment?

    am I right in saying I retain all rights until paid?
     
    3beem.com, Feb 21, 2006 IP
  2. rewlie

    rewlie Active Member

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    #2
    You should take the payment 1st, and never give a copy of that blue-print ever to your future client, act smart.
     
    rewlie, Feb 28, 2006 IP
  3. 3beem.com

    3beem.com Peon

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    #3
    Normally I do request payment before but this guy is a friend...
     
    3beem.com, Feb 28, 2006 IP
  4. Mister Tut

    Mister Tut Guest

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    #4
    Is or was?
     
    Mister Tut, Feb 28, 2006 IP
  5. iowadawg

    iowadawg Prominent Member

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    #5
    You prove you created it?
    IF so, go to the patent office and state your case.
    Yeah, it should be "WAS" a good friend.
    Scratch him off your christmas card list at once.
     
    iowadawg, Mar 3, 2006 IP
  6. Umberto Tassoni

    Umberto Tassoni Guest

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    #6
    Seems like it will cost you more trouble and money then its worth. Put it down to experience and get a deposit next time. Cheers Umberto Tassoni
     
    Umberto Tassoni, Mar 8, 2006 IP
  7. dj1471

    dj1471 Well-Known Member

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    #7
    You can't patent a logo - that's nonsense.

    Logos could be covered by a copyright or trademark, but not a patent. However the Patent Office do handle trademarks, so he could have trademarked it and is just confused. You can oppose a trademark application, so I suggest you contact the Patent Office for advice.

    As for who owns it: did you have a contract with the guy? You should have had one which specifies who owns what and what happens if he doesn't pay....
    I'm not sure what the situation is if you don't have a contract - you should speak to a lawyer.
     
    dj1471, Mar 9, 2006 IP
  8. hooperman

    hooperman Well-Known Member

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    #8
    Is there a last update date on the file on your pc? If that date < patent date...
     
    hooperman, Mar 9, 2006 IP
  9. Smyrl

    Smyrl Tomato Republic Staff

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    #9
    From my experience, friends make the worst clients.
     
    Smyrl, Mar 9, 2006 IP
  10. AmyNelson

    AmyNelson Peon

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    #10
    It takes a long time to get a patent, and it cannot be done just for a logo. Sounds more like hes a cheapskate and a liar.

    Are you in the same country as him? If you aren't, just try and learn from the experience, as it would be very hard to get any money back.

    If he used the logo on a site, you could try and make a complaint to his hosting company about it, as copyright infringment, as you still own the copyright until he pays up.
     
    AmyNelson, Mar 13, 2006 IP
  11. shellspeare

    shellspeare Peon

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    #11
    Friends and business do not mix no matter how good a friend or businessman you are.

    Hope everything works out, at least you've learned something from the experience
     
    shellspeare, Mar 13, 2006 IP
  12. jien

    jien Active Member

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    #12
    If your designs aren't paid yet, add an unsightly watermark on it and remove it only after the client pays.
     
    jien, Mar 26, 2006 IP
  13. AmyNelson

    AmyNelson Peon

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    #13
    Adobe PhotoShop can add watermarks for you.
     
    AmyNelson, Mar 27, 2006 IP
  14. Sandpetra

    Sandpetra Guest

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    #14
    Yup - get smart!:p
     
    Sandpetra, Jun 11, 2006 IP