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Being Threatened with a Lawsuit

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L

lunafate

Guest
What is the name of your state? Florida.

We were recently contacted by someone with the following:

This is an informal and good faith request for payment on the logo artwork designed by ********, Inc. several months ago requested by **** **** (broker) for {our company name}. The logo in question was never paid for nor released with the authorization of ********, Inc. (copy of artwork attached)

Your company violated the statutes of intellectual property by using the artwork (or duplication) through a commercial medium (http://www.{our company name}.com/) while never finalizing approval through the business engagement that initiated our company efforts; nor completing payment to authorize it’s use, written proof supports our claim of such engagement. The proper fees related to this project reflect the amount of $750.00, only when this amount is paid in full can the artwork be released in its final form (Illustrator EPS and Hi-resolution .JPEG).

We encourage your company to pay the amount in question in order to move forward with the use of such artwork, your failure to make payment may prompt us to take legal action to collect the account immediately or enforce by a court of law the cease and desist of use of the artwork in question through any form or media.

We are hopeful that you will act promptly and contact us, or forward the full payment of the outstanding amount as quickly as possible but in no event later than 30 days from this notice. If you have any questions, please call the undersigned immediately at **********.

Thanks in advance for your diligence.
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We never hired an agent or broker to solicit outsourced talent to create a logo. One of the original partners for our company asked a friend to design a logo for the company when it was first opening a year ago. Two of the three partners were present when this friend said that he would do this work for free.

In the last year, the company has done well, however, the partner who's friend provided the logo was bought out.

Now all the sudden we're being told that there was no agreement for the logo to be free, and that we have to pay for it.

I'm not sure where to go with this- perhaps I should just contact an attny locally, but I am hoping that it won't go that far.

Thanks in advance for any responses.
 



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