A theatre company and a world renowned artist has used a logo I made for a one time production 20 years ago without permission in promotional and merchandising usage for the 20 year anniversary reboot. How should I proceed?
1 Answer from Attorneys
If you made a logo for someone or some entity without a written agreement that specifically spells out the way in which and the purpose it can be used then the implied license will cover ALL intended purposes in context. So a logo (trademark) can be used indefinitely. That is the whole point of having one.
I'm not sure what in particular regards to the facts leads you to believe that it is unlawful for them to use the same logo now, but if you believe they are in breach or are infringing you really need a proper legal analysis before taking any action.
I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Our firm is now referred by the American Bar Association (see under the New York section): http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
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