logo designer now wants license fee

[stackz07]

What is the name of your state (only U.S. law)? MONTANA

I hired a graphic designer who I recently terminated to design a logo and do branding for a new restaurant I opened. We didn't sign any sort of contracts and now he is saying I will need to sign a termination agreement which includes fees to continue using the logo/brand he designed. Is this legal and/or how much of a case does he have, if any, if I refuse to sign or pay any of his claims?

 

[swalsh411]

Doesn't sound like they are your logos to me.

 

[stackz07]

can you please be more specific?

 

[Zigner]

can you please be more specific?

If you don't own something and want to use it, the owner of said something can require you to pay him for his something.

 

[swalsh411]

You don't appear to own it. If challenged in Court what would you be able to produce that shows you do? Your options are to either stop using the logos or come to an agreement with their owner. (the person who designed them). If you continue to use them without permission and are sued, you will likely lose because you can't prove you own them.

 

[sandyclaus]

What is the name of your state (only U.S. law)? MONTANA

I hired a graphic designer who I recently terminated to design a logo and do branding for a new restaurant I opened. We didn't sign any sort of contracts and now he is saying I will need to sign a termination agreement which includes fees to continue using the logo/brand he designed. Is this legal and/or how much of a case does he have, if any, if I refuse to sign or pay any of his claims?

I believe the concept here is that you paid for the design fees to create the logo, but the designer DID NOT outright sell you the finished product. If you don't OWN the product, you don't get to freely use it.

Read over the contract you signed for the designer to do the work for you. If it doesn't allow for unlicensed use of the finished logo included in the money you've already paid, then you would need to pay fees to the designer to continue doing so, or negotiate a flat fee to purchase a license to use it indefinitely.