Logo design given as gift used by creator as art print

[chriswarren00]

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

Hello.

5 years ago, I created a logo design for free to be used by a friend's mother for her line of homemade soaps. The last I heard, the woman wasn't happy with the logo and it was up in the air as to what was to be done with the image. I decided to use the image in an art print and am currently selling the prints online. The friend is angry and informed me that her mother has been using the logo. What rights do I have in this matter? Any help would be greatly appreciated. Thank you.

 

[justalayman]

5 years ago, I created a logo design for free to be used by a friend's mother for her line of homemade soaps.

was this a work for hire (even though it was gratis) or was it something you just did and offered it to her?

You have two issues here: copyrights and trademark rights

she has trademark rights due to her use of the art as her logo

who has the copyrights is in question at the moment. If you hold those rights, you can use the work BUT if it infringes on her trademark rights, it becomes an issue. If she holds the copyrights, and of course she already holds the trademark rights, you cannot use the work without her permission.