Legal Question in Intellectual Property in Oregon

If my original logo artwork was stolen and then copyrighted by the thief what can I do?

I created a logo for a client in 2009. In March of 2010, a prospective client e-mailed and ask about my logo design service for their business. I sent them some information regarding our services along with a jpg that displayed small versions of our logos to show them a bit more of our portfolio. I never heard back from the prospective client but found out that they now have a trademarked version that is almost identical to one of the logos I sent to them on the portfolio sheet when they inquired. They trademarked their logo in April 2010. Is there anything I can do about this as they clearly stole the logo design but are claiming they did not steal it? I have all my original design files that show revisions that the final version was finished in August of 2009.

Side Note: I no longer send out a portfolio sheet with graphics as I realized awhile back this could lead to this sort of issue. I now post my sample logos on my website with a very visible copyright symbol over the top to help thwart potential thieves.

Asked on 12/10/10, 7:09 pm

1 Answer from Attorneys

Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I advise that you consult with a trademark attorney in your area to see about canceling the other party's trademark registration - assuming what you say is true. Consult with a trademark or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 12/16/10, 7:22 am

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