Q: Copyright/trademark infringement by a third-party who isn't stopping.
I am a Seattle-based freelance designer that created a logo in 2014 for a client in TN. That client is AnchorYourSoul.com, and the logo was discovered to being used by someone else in 2015. We both told her to cease and desist using it in her social media channels and website. She complied, but blocked us from contacting her afterwards. Fast forward to yesterday, we discovered her using the logo again in her social media assets and FB channels. We asked her to cease and desist again. She took those down, but then later resurfaced as a different entity on FB with the same social media images and the logo embedded in it. I took pics on all the times she infringed.
I don't think she is going to stop using my client's logo, and my client wants to figure out how she can stop this person from infringing on her logo. How can we achieve this within a strict budget and stop this person from reusing the logo?
A: Have you filed for copyright protection for the image? If so, it's likely that an attorney would assist you for a portion of any money recovered from the person infringing. Filing for copyright protection for a single work of visual art is $35, it's $55 to file for multiple works. Determine who owns the rights to this logo, you or your client, before filing for protection.
Consult with an attorney if you have additional questions about the process.
If you have not filed for copyright protection, you would be limited to suing for actual damages, which are generally very difficult to prove. There's nothing preventing you from filing for copyright protection now, but you would not be able to recover statutory damages for infringement that predates your application.
Kevin Christopher agrees with this answer
A: Will refers to the fact that under copyright law the infringed party may be able to collect statutory damages, which do not require a finding of actual harm / damages. You very well may be able to prove damages under a different theory of infringement, but a lawyer would be more likely to take your case on a contingency basis via the copyright claim.
Will Blackton agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.