Copyright and Infringement

[KingLinkTiger]

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

In October of 2010 I created a fictitious logo in my spare time as a sort of pretend logo for a High School Robotics team that I was on. I created this logo at home with no direction from anyone associated with the team. My first question is do I own the copyright of this image/logo?

In January of 2011 the team I was on decided to adopt my logo and use it as the official team logo. The coach of the team requested the logo from me and I sent it to him. For the last two years banners, shirts, websites, and various publications have been made with my logo, and variations of my logo of them. I did not directly authorize the use of my logo on these, nor did at the time I have a problem, but as of now, I have been forcefully removed form any participation of this team. There has never been anything disused or written transferring my, suspected, ownership of this logo. Although obviously vengeful, do I have the ability to proceed a copyright infringement claim on the said logo against the team and/or coach? Does the team have the ability to claim 'fair-use' of my logo, although I believe they have used my logo on marketing/fundraising material?

I apologize about the amount of information that must be gathered before an accurate response can be made.


Thank You in advance,
KingLinkTiger

 

[justalayman]

the "team" has earned the rights of trademark by their use. At best you would have a claim of copyrights. Since you created the design and did not transfer the rights to another, you retain ownership of the copyrights. Your actions do suggest a license to use the design though. You would have to overcome that in order to now restrict or prevent their use.

I would suggest you attempt to negotiate a sale of the copyrights to the team. Short of that, you would spend much money on attempting to limit or prevent their use. I suspect that if this does become an issue, they will simply create a new logo.


Personally, I believe you will come out of this looking like the bad guy. I see no real purpose in your efforts and ultimately, nothing for you to gain. It will more likely earn you the scorn of anybody that hears of the situation for your intentionally vengeful acts.

 

[KingLinkTiger]

the "team" has earned the rights of trademark by their use. At best you would have a claim of copyrights. Since you created the design and did not transfer the rights to another, you retain ownership of the copyrights. Your actions do suggest a license to use the design though. You would have to overcome that in order to now restrict or prevent their use.

I would suggest you attempt to negotiate a sale of the copyrights to the team. Short of that, you would spend much money on attempting to limit or prevent their use. I suspect that if this does become an issue, they will simply create a new logo.


Personally, I believe you will come out of this looking like the bad guy. I see no real purpose in your efforts and ultimately, nothing for you to gain. It will more likely earn you the scorn of anybody that hears of the situation for your intentionally vengeful acts.

So just for clarification, the team has the license to use my work from my lack of restricting it. Although you said they have the license to 'use' the design, would they then also have one to distribute, manipulate, and duplicate the logo?

 

[justalayman]

So just for clarification, the team has the license to use my work from my lack of restricting it. Although you said they have the license to 'use' the design, would they then also have one to distribute, manipulate, and duplicate the logo?

Just what do you expect to happen here? What are you after? If you don't want them to use it, tell them so. If they argue, tell them you own the copyrights to the work and their license to use it is being revoked. I seriously doubt this will be as big of an issue to them as you are hoping it to be. Their team does not live or die due to the logo.

 

[KingLinkTiger]

Just what do you expect to happen here? What are you after? If you don't want them to use it, tell them so. If they argue, tell them you own the copyrights to the work and their license to use it is being revoked. I seriously doubt this will be as big of an issue to them as you are hoping it to be. Their team does not live or die due to the logo.

Over the last year and a half there has been a ton of negativity revolving the team, coming from both it's members and the adults who are also a part of it. So much hatred has been created that the coach has started to bar people from even attending any of the teams meetings. What I hope to gain is the revoking, or mediation, of their use of my logo. Since so much negativity has been formed surrounding this team, I want to take the logo back so that, in a sense, I have no connection to the team anymore. Also, as the old principle goes "Eye for an Eye," they remove my access to be a part of the team, I remove something from them.

From the time I've spent with the coach, 2 plus years, he will most likely brush it off and will not heed to my requests. Nor will he frankly do anything about it, and this is why I think it will be a big issue.

Lastly the team is quite dependent on this logo, the logo is on everything that they can cram it onto and it is the "image" for the team. Everything about the team has been created to revolve around this logo, from the uniforms they wear, to the team colors.

 

[justalayman]

So, how many thousands of dollars do you have to give to an attorney to represent you? If the coach ignores your demand, you will have to file a suit to ask the courts to deal with it. A copyright infringement suit is expensive.



Is the school involved in this? If this is the Dean Kamen thing, if I recall correctly, the school does have a say in the operation of the team, to an extent. If this does involve the school at all, I would speak with the school superintendent concerning your demands as well. That might stir some action without having to go the lawyer route.

 

[KingLinkTiger]

So, how many thousands of dollars do you have to give to an attorney to represent you? If the coach ignores your demand, you will have to file a suit to ask the courts to deal with it. A copyright infringement suit is expensive.

In short I barely have any funds, I'm just a simple poor college student.

Is the school involved in this? If this is the Dean Kamen thing, if I recall correctly, the school does have a say in the operation of the team, to an extent. If this does involve the school at all, I would speak with the school superintendent concerning your demands as well. That might stir some action without having to go the lawyer route.

Yes this is the Dean Kamen thing, see http://www.usfirst.org/ if you want to know more about it. I'm not aware of any of the inner workings of the team since I was butted out before I could get involved with any of it. I had also planned on previously bringing this up to a Board of Education meeting, or to the Principle of the school, but your suggestion of the superintendent is also feasible. This also seems to be the best route for me to go with lack of funds for a proper suit. I could also bring some of the other concerns that I've had about the team up to him, such as being barred from meetings.

I'm not sure if there is anything more to discuss, unless you have any words of advise. Furthermore, I would like to thank you for your help and advisement.

 

[justalayman]

Best of luck to you but realistically, at best, I see this as stopping them from using the logo. If that is enough for you, then by all means, continue on with your journey. You did allow them to use it so there is no infringement at this time that I can see. You were aware of their use and did not take any action to stop it then. That suggests it was an approved use. Only now that you have been snubbed do you object to the use. So, send the coach and any associated entities in control of the team a letter demanding they stop using your artwork. I think you will have a hollow victory in the end.