Legal Question in Intellectual Property in Wisconsin

I am a graphic designer. Last year I was working with a client on a logo design and to make a long story short, I just recently learned that the client is using my logo design on all of their materials. However, this client had taken her business elsewhere but still used my logo. Client refuses to pay the invoice I submitted. From what I have googled so far, the copyright belongs to the designer. What are my rights to resolve the ownership rights of this logo?


Asked on 12/07/10, 10:55 pm

1 Answer from Attorneys

Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I advise you to consult with an IP attorney. With logos, the issue is not so much copyright as trademark or service mark rights. If you in fact are the owner of the mark (logo) the unauthorized use by others is trademark infringement. You may want to consider a range of options, including registration of the logo to establish and perfect your rights. Consult with a good IP 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 12/13/10, 6:16 am


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