Legal Question in Intellectual Property in Pennsylvania
Logo Design
I was a sales rep and had an agreement with a company to sell their product. THis company did not have the funds to make the product ''look good'' and did not have a good logo. I paid for the design of the logo and for the design of the labels for their product and some additional ancillary products.
My question (since we have dissolved the relationship) is can I invoice (or file suit) for the costs I incurred?
Do the design functions belong to me? I do not own the name of the product and do not imply I do.
The son (with whom I worked) was killed in an accident, and I am left to deal with the father. The son had asked if they (the company) could use the designs. I had agreed, but no contract or purchase order was created, it was a verbal agreement to use the designs. They have failed to pay the commissions on accounts I opened and this is the reason for the proposed litigation.
I appreciate your efforts to help me in suggesting a remedy
--name removed--Thurston
1 Answer from Attorneys
Re: Logo Design
This is a good question, but because it involves the specifics of a potential dispute, it is the kind of thing you should discuss confidentially with a professional with whom you have an attorney-client relationship.
To give you some guidelines to help you begin such a discussion with counsel, if you had in fact designed the logo, then you might still hold a copyright for the logo, subject to any rights to it that you had transferred in writing to the company. Under the U.S. Supreme Court case of CCNV v. Reid, the designer of a graphic work who delivers a tangible embodiment of a graphic work does not necessarily transfer the copyright to the client at that point.
However, it sounds like someone else did the design work, so that wouldn't apply. When they received payment from you, to whom, if anyone, did they transfer ownership of the copyright to the design? Perhaps the designer still holds legal title to the copyright for the design. Perhaps because you paid, you might be entitled to have ownership of the copyright assigned to you. This is of course highly speculative and is not legal advice as to your particular situation.
It sounds like the big issue is that you want to be reimbursed for the cost of the design work, and from what you say, that sounds eminently reasonable. Even without a written agreement, one in your situation may be entitled to assert the benefit of a "contract implied in fact."