Legal Question in Intellectual Property in California

Sounds to me that if the logo was for the church and you used it for the church in commerce that the trademark belongs to the church. If you created a ministry, separate and apart from the church, and this logo relates solely to that, you might have an argument.

Otherwise, at best, it looks like a work made for hire.

I generally agree with my colleague here, but without more details it would not be possible to offer an actionable opinion.

It sounds like you created the logo for the church and if so, while you would still be the copyright holder (unless there was a written agreement) the church received an implied license to use the logo for its intended purpose. That is, everything one would use a logo for. Now the church would not, for example, be able to license the design to U2 for their new album cover. You, however, would be able to do that so long as it does not frustrate the churches use, like licensing it to a competitor.

If this is more of a dispute about compensation, you may have a claim for unjust enrichment if they never paid you what you were owed.

Again, the facts are not clear so in no way can you rely on my off the cuff assessment.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

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DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.