Cease and Desist Letter 4747 Responses

Last post: 1 year, 1 month ago | Thread started: Apr 3, 12, 1:52 p.m.

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• mikotondria3

  Fuck them up - forget lawyers, screw those people.
  Not now, though - wait 18 months.

  

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  Dog-earApr 3, 12, 2:50 p.m. – Permalink

• moldero

  

  

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  Dog-earApr 3, 12, 2:54 p.m. – Permalink

• moldero

  

  • old school! lol
    – buddylee2

  

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  Dog-earApr 3, 12, 2:55 p.m. – Permalink

• buddylee2

  The crazy thing is...it's not like we're talking about a lot of money either.

  • then cut & run, dude. it's NOT worth it. really.– doesnotexist1/2

    let them own the logo you made and do what they will with it. lesson learned.– doesnotexist2/2

  

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  Dog-earApr 3, 12, 2:58 p.m. – Permalink

• prophetone

  to you maybe... what did they stand to lose?

  

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  Dog-earApr 3, 12, 3:04 p.m. – Permalink

• pr2

  just out of curiosity, how it it their logo if they din't pay for it??? how is it their website, if they didn't pay for it or the hosting?

  • exactly what I'm asking.– buddylee2

  

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  Dog-earApr 3, 12, 3:17 p.m. – Permalink

• monospaced

  ^ because he gave it to them for free

  • they even paid him up front– monospaced

  

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  Dog-earApr 3, 12, 3:27 p.m. – Permalink

• prophetone

  and because over the course of development i assume there was alot of emailed and verbal communication going on which would lead the client to believe they were getting these things and can argue they fully intended to pay for them as agreed. the problem is he rolled a grenade into the situation before it was all done.

  

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  Dog-earApr 3, 12, 3:31 p.m. – Permalink

• buddylee2

  They paid a small amount upfront and if I broke down all the work I completed and they used to fair market value. It would barely cover the cost of 1.5 flyers I designed and they used. I did and completed a lot of work that I never got paid for....that includes that website and it's maintenance.

  • that's what a contract is for, sorry but it's your fault your in this pickle– prophetone

  

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  Dog-earApr 3, 12, 3:33 p.m. – Permalink

• buddylee2

  Besides that unpaid work...I think the unauthorized use of the logo puts me in a good position to seek some monetary damages. But how much? Who knows?

  

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  Dog-earApr 3, 12, 3:36 p.m. – Permalink

• monospaced

  I understand your frustration, and I would probably be as upset about monetary damages as you — even seek legal action like you are — but despite everyone's diagnosis here that you made a grave error of foregoing a contract, you continue to fail in making your case in pursing this. Did you discuss money up front or was that also ignored? WAS email communication regular with deliverables upon requests? C'mon.

  

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  Dog-earApr 3, 12, 3:46 p.m. – Permalink

• identity

  This is a disaster. Not a pay day.

  You could write them - telling them (or other parties) to take your logo down as it was not completely paid for. They can take them down and they'd be within the legal safe-zone. If they don't, are you prepared to sue them? It takes a lot of money to take someone to court. Also - They have more than enough material to counter-sue the shit out of you (taking down website, withholding work, etc.) It's an easy argument for them that you affected their business.

  • bingo– prophetone

  

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  Dog-earApr 3, 12, 3:46 p.m. – Permalink

• monospaced

  Seriously though, did you really send them a settlement offer before a simple fucking invoice? Ugh.

  

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  Dog-earApr 3, 12, 3:53 p.m. – Permalink

• prophetone

  i have to ponder the validity of this thread especially now that i've seen his profile, first post in 7 years

  • yeah– monospaced

  

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  Dog-earApr 3, 12, 3:57 p.m. – Permalink

• buddylee2

  Lets put everything aside and focus on the copyright issue in hand.

  Three companies knowingly or unknowingly used a registered copyright without the authorization of it's owner. Is no one at fault for this?

  Also, it's not about a "pay day" per se. It's about what's right and what's going to hold up if this matter is taken to court.

  

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  Dog-earApr 3, 12, 4:01 p.m. – Permalink

• monospaced

  You own the registered trademarks for the work you designed? GTFO

  • trademark and copyright are two different things. I own the copyright on the logo that was used for the event.– buddylee21/4

    hahaha can u imagine?– prophetone2/4

    YOU own the copyright on the logo? That, my friend, is not yours unless it's YOUR company's logo.– monospaced3/4

    no you don't– monospaced4/4

  

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  Dog-earApr 3, 12, 4:03 p.m. – Permalink

• prophetone

  this was answered on the first page, did you talk to them or not?

  • I reached out to them and wanted to resolve the matter in a timely fashion and I was even willing to transfer any ownership and copyrights on work.– buddylee21/4

    you pulled a bait and switch and found yourself sending them an offer when it didn't go as planned– prophetone2/4

    did you simply ask them to remove the logos or not? or was the 'settlement' the first thing they got?– prophetone3/4

    pull the cord on this before it's a nightmare.– prophetone4/4

  

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  Dog-earApr 3, 12, 4:03 p.m. – Permalink

• identity

  I'll address your concern.

  Wether they knew/didn't know doesn't make much difference.
  If you want them to take down your work, you first owe them a cease and desist letter. They can abide by that letter and take it down and you have no further legal option.

  Once you have fired the proverbial shot over their bow - and from everything you've said, it sounds like you don't have anything firm in a contract saying that can't use your stuff (that you willingly sent them) - they are in a position to counter-sue (citing events that you perpetrated) and they have ground to stand on as what you have done directly affects their business.

  Unfortunately what's right and what's legal don't always end up in the same bucket. I don't think anyone here is saying that you're not a good person or that what they've done (made you work a lot for very little money) was a despicable thing. The point everyone is making is that since you didn't stipulate terms in a contract you have opened yourself up to being taken advantage of. Your response (withholding work even though compensated, taking down websites, etc.) were unprovoked actions (according to the law) on your behalf - i.e. you never let them know that these were recourse actions to them defaulting on payment.

  I don't know you - but I assume you want to do what's right. I don't want to see you get your ass handed to you. Transfer everything you have over to them and wash your hands of this. It's a hard pill to swallow but you'll be glad you did.

  

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  Dog-earApr 3, 12, 4:10 p.m. – Permalink

• buddylee2

  Thanks for the advice, peeps. I will wait to hear back from their lawyers and see what they want to do. I have already expressed my copyright violation issues with them and they told me they would share those issues with their client.

  I probably won't be getting a lawyer since I can't afford one. But I will do my best to seek a settlement and resolve this issue without any further damage.

  As far as losing...I have literally nothing to lose.

  

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  Dog-earApr 3, 12, 4:21 p.m. – Permalink

• identity

  Best of luck!

  Couple last things:
  1. Lawyers will likely always err on the side of legal proceedings. (it's how they get paid).
  2. Because you're worth nothing now doesn't mean he couldn't take from you when you ARE worth something - deferred payments in settlements are known to happen.

  

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  Dog-earApr 3, 12, 4:25 p.m. – Permalink