Legal Question in Intellectual Property in Illinois

how do i stop a club from using a logo i thought of when i was apart of the club at one point and time


Asked on 2/16/11, 7:37 am

2 Answers from Attorneys

Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say it is impossible to answer your question without a lot more facts. These would include a complete history of the facts and circumstances surrounding the invention of the logo, what legal rights were established, how it was legally protected, and any possible waiver of rights. As you might guess, this is not something for a simple bulletin board answer and requires a consultation with a good intellectual property or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 2/16/11, 10:15 am
Bruce Burdick Burdick Law Firm

Chances are there is nothing you can do. Rights in service marks are based on use and/or registration or application for registration NOT thought. Unless (1) you used the logo for a similar product or service before they did, (2) there was a contract to pay you for the logo, or (3) this is artistic enough of a logo to warrant a copyright, you are SOL. Call me at my Illinois office 618-462-3450 if you want to discuss this, but offhand it sounds like a losing case.

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Answered on 2/18/11, 5:15 am


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