Legal?
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- mogwai23
Wondering if anyone has ever dealt with this type of situation.
I've done Identity, Ads, and Websites for my wife's previous employer (she just quit). Now I get a certified letter from their lawyer saying "My client requests that you immediately cease and desist the use of it's name and marks in any manner, and that you remove all references to it from any websie, power point presentation, etc".
That's not legal is it? I can still use that stuff in my online portfolio right?
- GT_10
Depends on the contract really.
If you didn't have one, Intellectual Property ownership is usually awarded to the creator.
- mogwai230
Thanks for the response.
Yeah, there was never a contract so I'm thinking they have no leg to stand on.
Thanks again.
- GT_10
Without a contract tho it's a really sticky situation.
You're (supposedly) using their trademark and name.
They're using your copyrighted design based on it.
Unless you specifically ceded ownership of copyright, then it could be a standoff, whereby you tell them "If I have to take off your property, you have to bin my property as well."
which would make them feel quite foolish.
- mogwai230
Yeah, that sounds right to me. No contract means no rights really - at least that's what I'm thinking. I'll try getting in touch with a lawyer and make sure.
Thanks again for the info. Have a great weekend : )
- AndyRoss0
This is the kind of thing that good lawyers could argue about until their penises fall off.
And you know they charge a lot for that...