Logo Trademark

Welcome to Discuss Fastpitch

Your FREE Account is waiting to the Best Softball Community on the Web.

Aug 18, 2016
29
0
Question about use of team logo. I went to a screen printer to order jerseys and parent t-shirts. I told him what I wanted for the logo. He started scrolling through sports logos on google. I saw one that I liked the design so I asked him to stop and back to this particular logo. I sat there and asked him to change the font used, took out and picture of a rooster, I had him add a softball behind the font with our team name. Basically, I told him exactly how I wanted the logo to look. He did use his program to make this changes.
Well, a month later and he was late on getting our jerseys done twice, one was messed up so he is redoing it, and now that jersey isn't ready. I had went in last week and ordered parent t-shirts and I was just frustrated with the delays today so I told him I thought it was better to just give me my money back for the parent t-shirts and I would go somewhere else. He stated he would lose money cause he already had ordered the t-shirts so I told him fine, go ahead and print our shirts so he doesn't lose money and our parents get their shirts. I just asked that they be on time by the date he said they would be done.
He then went off on me and I'm just getting my money back...I hope. Do I have any rights to that logo or does he have all the rights? He went off and demanded I never use that logo again because its his property. If it is by law that is fine, but I actually came up with the complete idea for the logo. If I can't actually use it by law, can I just change the logo a bit and then be free to use it however I like?
 

JAD

Feb 20, 2012
8,231
38
Georgia
Not a lawyer, but I do not think he would have any legal recourse if you use the logo unless he has copyrighted or trademarked the logo, which I highly doubt. The problem is getting your hands on the digitized logo to take it to another print shop.
 
Jun 8, 2012
60
0
Illinois
Technically, you do not have any rights to it. And, with date and time stamps on his files, he has proof of when he designed it especially if there was any email correspondence between the two of you as well. Whether you came up with it while sitting there telling him what you wanted doesn't matter, he still did the work and has the software it was designed on. A majority of the logos I design start with a customers idea, but if they could do the necessary work they wouldn't need me so I own the logo unless they pay a fee for the files. You could always just offer him a little cash for the artwork, but make sure he gives you vector files.

Different story if you paid him for his time to design it while you sat there, then he should give you the logo in any file format you would need.
 
May 22, 2015
410
28
Illinois
I believe ThunderStruck is correct. We deal with photos, graphics, and images on a regular basis at work (not me personally though.) It is my understanding that any any image, design, or photo that we produce is ours to do with as we please unless other arrangements were made with the customer beforehand. We can use the same image over and over if we choose, but the customer cannot without our permission. I would think screen printing would be the same, but not positive. On the other hand you could probably just mirror the image and change the font or color with a different designer and it would be far enough from the original that it should be fine.
 
Apr 12, 2015
792
93
He has all the rights to the logo as the creator. Even if it was based on your idea.

Copyright is not something that has to be filed for. It is presumptively created at the time the work, in this case a graphic, is made.

I am not a lawyer, but I have 20 years experience in the graphics industry and have owned a screenprinting shop for 17.

Oh and you should have found someone who knew what they were doing after the first delay. That is never a good sign.
 

WARRIORMIKE

Pro-Staff Everything
Oct 5, 2009
2,815
48
At the Jewel in San Diego
Yep, logo is his. However if you told him that you would pay for the artwork, then its yours. Make sure you get the correct file. EPS, AI or any Vector file is what you are going to need for future screen printing. If he charges you between $75 and $150 you got a good deal.
 

Josh Greer

DFP Vendor
Jul 31, 2013
934
93
Central Missouri
[Similar disclaimer: Not a lawyer. Just a business owner that constantly worries about being sued]
Like everyone has said, the actual image of the logo is his work and therefore his property. This is to say that you cannot scan it and reproduce an exact copy without infringing on his copyright. However, unless he got a trademark on the representation of the logo (and I will save you the time and say that he didn't. 1.) because it is expensive and 2.) it sounds like he has bigger problems), there is not much keeping you from taking this logo to someone else and having them rebuild a representation of the original design, which was not his. It cannot be an exact copy, but similar representation. So if the original file had 3 circles, 2 skulls, and a chicken, your new logo could have the same (but that would be really weird). Just not a complete duplication of the exact shape and location of each object.
 
Nov 18, 2015
1,585
113
Too late - I believe Disney already has plans to use that exact image when they open their Voodoo-themed resort in Jamaica next year....mon. :)


Sent from my iPhone using Tapatalk
 

Forum statistics

Threads
42,830
Messages
679,478
Members
21,445
Latest member
Bmac81802
Top