Legal Question in Business Law in Washington

Question reguarding Copyright Infringment Law.

I was hired by a magazine to produce the cover, logo included, as well as the page layout and production. The logo was a one time usage fee, but was amended in the contract at a later time to sell the logo outright and release the company to use it as they wished.

They broke our first and second contract and did not pay for the work. I took them to district court and won a judgment. After the judgment, they filed chapter 11 Bankruptcy and I received nothing.

Now, they have resumed business in the form of a Web site. They are using the logo that I created as their image. My question is:

Since they did not fulfill the contract that allowed them usage of the logo, can I sue them for copyright infringment. Also, can I now persue an money owed from the first suit since they have resumed business under the same business name.

Thank You,


Asked on 3/19/98, 4:46 pm

1 Answer from Attorneys
Lawrence Glosser Law Office of Lawrence S. Glosser

Copyright Infringment

From the limited facts stated, I don't think you have a claim against the company. When the contract was amended from a one time use to a sale of the logo, the company acquired the logo as an asset, and you got a claim for money which was later reduced to a judgment by the district court. The judgment was subsequently discharged (so it seems) in the bankruptcy proceeding. Therefore, the company probably emerged from the bankruptcy with some (or all) of its debts discharged and ownership of its remaining assets (e.g. the logo). The order of the bankruptcy court probably bars you from seeking payment from the reorganized company. However, you might want to check the bankruptcy file to ascertain thatthe judgment was actually listed as a liability and was properly discharged. if the judgment was not speficially discharged in bankruptcy, you may have a basis to enforce the judgement. If you are in the Seattle area, please feel free to call for additional help. The information provided herein is not legal advise, but rather general information regarding a certain area of the law. Every case is based on a specific set of facts, and the outcome may vary depending on the facts of your case.

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Answered on 3/30/98, 1:43 am


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