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Ex Business Partner Using My Logo

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TexassGuy

Junior Member
What is the name of your state (only U.S. law)? TEXAS

I have a screen printing business ( I solely own) and do some graphic design within that business so I created a logo for a entirely separate business I was going to start with someone ( who turned out to be a flat out scoundrel..liar..thief etc).

Once we partnered on the business, we used this logo and name I created. But first I drew up an agreement that clearly stated the name and logo belonged to me if and when this partnership ended. Well..it ended and he refuses to take his name off the DBA registered at the county and he uses the logo as though it is his despite the agreement he signed. He also sends out quotes with my logo as though his business is mine. Not to mention he is quoting the installation of a part that is not recommended for the application in which he would be using it ( damage to my reputation etc ..?? How would I classify that?)

Can I seek damages as both the artist who created the logo within my other business and separate damages as the business owner who's logo is being used?

Where do I start? I want to set down with an attorney, but before I start handing over money which is hard to come by at this early stage of being a small business owner, I would like to know what is best to do and what would be the smartest thing to do in regards to my first steps. How do I know if I am getting sound legal advice that will serve me well and put a stop to this unethical demon?

I would appreciate any help you guys can provide as I prepare to deal with this. Thank you!
 


quincy

Senior Member
What is the name of your state (only U.S. law)? TEXAS
I have a screen printing business ( I solely own) and do some graphic design within that business so I created a logo for a entirely separate business I was going to start with someone ( who turned out to be a flat out scoundrel..liar..thief etc).
First, what follows is general information only. You will need to see an attorney in your area of Texas to personally go over all specifics.

As a general rule, if you create a logo for a business, you as artist would own the rights to the logo. If you have been commissioned to design a logo for a business, the rights to the logo would be assigned according to the written agreement with the business that has commissioned the work.

A logo is a business identifier. Once a logo has been used to identify a business, it becomes, as does the name of a business, a distinguisher of that business from all others. Consumers connect both the name trademark and the logo trademark with a particular business. The rights to both trademarks (name and logo) are gained through the use of them in commerce.

If a logo is not used by a business, the creator of the logo could possibly retain rights in the logo but the use of the logo by the creator could be restricted. If the logo has the name of the business as part of its design, the logo cannot be used without infringing on the trademark rights of the business. If the logo is a design only, it could potentially be possible for the creator of the logo to sell rights to it to a different business. An example follows.

Example: The N!ke "swoosh" is an identifier for N!ke. When consumers see the "swoosh," they understand it is a N!ke product they are seeing. However, had N!ke not used the "swoosh" logo, and because it does not use the N!ke trademark name in its design, the creator of the logo could potentially have sold the "swoosh" to another business to use as a company product identifier. If the "swoosh" design used the N!ke name in its design, however, the creator of the mark could potentially retain rights in the mark but could no longer use it or sell it without infringing on the trademark N!ke.

Once we partnered on the business, we used this logo and name I created. But first I drew up an agreement that clearly stated the name and logo belonged to me if and when this partnership ended. Well..it ended and he refuses to take his name off the DBA registered at the county and he uses the logo as though it is his despite the agreement he signed. He also sends out quotes with my logo as though his business is mine. Not to mention he is quoting the installation of a part that is not recommended for the application in which he would be using it ( damage to my reputation etc ..?? How would I classify that?)
What happened when you dissolved your partnership? Did your partner buy out your share of the business? What was included in the sale? If the business has been operating using the logo you designed, you might retain rights in a logo you can no longer use or you might have lost all rights in the logo. The logo has become an identifier of the business through the use of it in commerce and trademark rights are gained by the use of the marks (names, logos, slogans, images...) in commerce.

Can I seek damages as both the artist who created the logo within my other business and separate damages as the business owner who's logo is being used?
You originally said that you created the logo. If you had an artist design the logo for you, the agreement you had with the artist/creator needs to be known. But it is entirely possible that, through the use of the design by your business over time, neither you nor the artist/creator have enforceable rights to the mark.

Where do I start? I want to set down with an attorney, but before I start handing over money which is hard to come by at this early stage of being a small business owner, I would like to know what is best to do and what would be the smartest thing to do in regards to my first steps. How do I know if I am getting sound legal advice that will serve me well and put a stop to this unethical demon?...
Where do you start? I suggest you start by reviewing all agreements, both written and oral, that have been made between you, the artist and your partner - and then go over these agreements with an attorney in Texas who can determine who owns what rights to what.

For the future: It is very important to have ALL agreements in writing. These agreements are best drafted by an attorney or, at the very least, reviewed by an attorney prior to anyone signing. Partnerships often dissolve and detailing in an agreement what happens upon dissolution avoids a lot of problems of the sort you are facing now.
 

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