QUESTION
What action could I take if someone has trademarked my original artwork without permission?
Asked on Jun 26th, 2015 on Patents - Utah
More details to this question:
What action can I take of someone has trademarked my original artwork without permission? The work is my personal artwork and was not created as work for hire. There was no contract or implied transfer of rights.
3 ANSWERS
Appellate Litigation Attorney serving Boston, MA
at
Banner & Witcoff, Ltd.
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You need to hire a trademark lawyer to help you with this. If I understand your question - you created an original artwork. Someone else filed a trademark application claiming that the artwork was their trademark - for goods or services. They may have done this thinking that the work was their property - as perhaps they [aid you to create the work for them. Facts will determine who has rights in this case. GOOD LUCK.
Answered on Jun 29th, 2015 at 3:02 AM
Send a cease and desist letter to the other party and, if your artwork is part of a registered trademark, to the grantor (state or federal) of the protection with a request to terminate the mark's registration. If you haven't already, register the artwork with the U.S. Copyright Office. The other party may be willing to stop using your artwork or may purchase/license it. But be prepared to go to court.
Answered on Jun 29th, 2015 at 3:02 AM
Intellectual Property Attorney serving South Jordan, UT
at
Pearson Butler
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If the artwork is substantial (i.e. not just simple geometric or font work) then you may have copyright rights in what was created and may be able to force them to stop using it. You should talk with an IP attorney to see if they think you have a case.
Answered on Jun 29th, 2015 at 3:01 AM