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Dima Ermolenko2015-11-23 17:52:05
Copyright
Dima Ermolenko, 2015-11-23 17:52:05

Logo copyright?

Hello!
The situation is rather complicated and stupid, but I will try to explain everything in detail :)
In general: in March, my friend asked me to make him a logo for a hookah bar for 10k. Because this is my friend, and quite close, we did not draw up an agreement. The agreement was as follows (there is a VK message where he writes:) "10k if your logo is used"; "but not at once".
As a result, I make him a logo, he likes everything, he is happy with everything, and when the time came to talk for money, (I just wanted to take a phone for myself), he offered to pay this loan against the logo, the loan amount came out to 15k.
He paid off about half of this loan, everything was fine, but recently he announced that he would not pay any more.
So we come to the point: For myself, I now see 2 solutions: either knock out the rest of the money, or completely squeeze out the logo so that he does not use it, and I like this option more))
I read the Internet and realized that registering copyright for the logo - business is not cheap.
It would be possible when I just made this logo to print and send it to my home postal address and not open it until the moment of the dispute, thereby proving that I had this logo earlier than he did.
But time has already passed, all I have is the source vector file of this logo (the date of creation of the file is present) and the understanding that I made this logo)
He does not have this vector file.
Well, the question is: what are the guys to do? What are my options for resolving this conflict?

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6 answer(s)
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Mr Crabbz, 2015-11-23
@Punkie

Register a trademark with this logo. True, this is not done quickly and expensively. Well, then after registration, if you see that a friend is using the logo, make an official claim with a threat to go to court, etc. Well, then let him buy this TM from you 3 times more expensive.

O
OnYourLips, 2015-11-23
@OnYourLips

It is not necessary to register a trademark.
The issue will be decided in your favor. But is it worth it?

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other_letter, 2015-11-23
@other_letter

Close friend, you say?
It seems like he has already paid either 5 or 7.5 thousand?
Well, yes, and figs with them (with money). All these reinsurances are for other cases. Always formalize relationships with clients, but here - let it be a paid lesson. Just calm down.
Forwarding by mail and all sorts of dates of the source codes are garbage, they will not have power in the Court.
The remaining money may well then be exchanged for a vector. Well, do not remind yourself, just forget it.

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xmoonlight, 2015-11-23
@xmoonlight

my friend asked me to make him a logo for a hookah bar for 10k.

he offered to pay for this loan at the expense of the logo, the loan amount came out to 15k.
He paid off about half of this loan, everything was fine, but recently he announced that he would not pay any more.

We consider: 15/2=7.5k paid. It remains to pay 2.5k (25%)
Problem solution: register the logo and let him buy it from you later.
https://onlinepatent.ru/Objects/Trademark

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Alexander Kerzakov, 2015-11-24
@PabloRosi

I received a response from a lawyer regarding your question.
"It's all unprovable, there is no difference between you, who is the first. Whoever registered is the owner."

R
Roman Semenov, 2015-11-30
@legalstart

You drew this logo, respectively, you are the author of this work. Registration is not required for a logo to be protected by copyright. Therefore, you have a chance to receive compensation for the use of your work, since you did not grant any rights to use it. Compensations start from 10 tr, but all this takes a very long time. I advise you to write a complaint to a friend, demanding to stop using or pay the remaining amount.

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