Author Topic: Company uses stock icon as logo - what would you do? (Read 6045 times)

EmberMike · « **on:** July 21, 2014, 16:21 »

I recently discovered that a fairly well-known company is using one of my stock icons as their logo. I actually saw it in an ad, and spotted it immediately. The logo is everywhere, in their offices (obviously), on t-shirts, event displays, online ads, videos, etc.

I'm pretty sure this goes way beyond any reasonable stock license, and the fact that the icon is used as the logo and primary symbol of the company surely is beyond the scope of any license from any stock agency I sell with.

I just have no idea how to handle this. I know I could talk to a lawyer, and probably should. Just wondering if anyone else here has ever dealt with this kind of thing and if you have any advice.

cthoman · « **Reply #1 on:** July 21, 2014, 16:25 »

I'd try contacting them first. There are a lot of shady characters out there that sell stock art to unsuspecting companies as original work.

EmberMike · « **Reply #2 on:** July 21, 2014, 17:27 »

Quote from: cthoman on July 21, 2014, 16:25

I'd try contacting them first. There are a lot of shady characters out there that sell stock art to unsuspecting companies as original work.

Just fired off an email to them asking how the graphic was obtained, if it was through a stock agency or provided as part of commissioned work by a designer/agency, etc.

Normally I'm not too concerned with these kinds of things, it happens often. Just sort of the nature of the type of stock work I do. But in this case it's a fairly large company with a significant online presence.

And they have a ® symbol on the logo. To me that sort of crosses into a new territory of concern when someone is claiming ownership of my work.

cthoman · « **Reply #3 on:** July 21, 2014, 17:41 »

Yeah, the registered trademark is a little concerning. That's something you definitely want to get resolved for your own protection.

Mantis · « **Reply #4 on:** July 21, 2014, 18:16 »

Quote from: cthoman on July 21, 2014, 17:41

Yeah, the registered trademark is a little concerning. That's something you definitely want to get resolved for your own protection.

And if they did trademark your art, $$$$$$$$$$ in the rump.

goober · « **Reply #5 on:** July 21, 2014, 18:24 »

I hope you get a big payout from it but chances are you'll just end up wearing it.

oxman · « **Reply #6 on:** July 21, 2014, 18:43 »

maybe you will get at least $6 for it

http://famouslogos.net/twitter-logo/

goober · « **Reply #7 on:** July 21, 2014, 18:56 »

Quote from: oxman on July 21, 2014, 18:43

maybe you will get at least $6 for it

http://famouslogos.net/twitter-logo/

Simonox would have received about 40% of that $6. World famous logo for $2.40. After he pays his taxes he'll have a whole $1.70 to spend.

Gino · « **Reply #8 on:** July 23, 2014, 02:35 »

I'm going to follow this one. I had a client I did work for in the past. It's an advertising agency and they have a very nice logo so I asked them if the girl who workes there did it and if she also created this great looking artistic vector in the logo. "Yes! She made the complete logo!" I later found it on Shutterstock. You are not really a serious design company if you can't even create original stuff yourself.

I bet this big company paid big for this logo so they will be very surprised if they see it's a stock image. I know I would be very angry for paying for something that is not original!

Beppe Grillo · « **Reply #9 on:** July 23, 2014, 04:36 »

Quote from: cthoman on July 21, 2014, 16:25

I'd try contacting them first. There are a lot of shady characters out there that sell stock art to unsuspecting companies as original work.

Hmm…
I would try contacting them with the help of a lawyer.
I think that it is better to be guided by some specialized people in this kind of affair.

(EmberMike, I wish you to become very rich!

)

ShadySue · « **Reply #10 on:** July 23, 2014, 06:45 »

Quote from: goober on July 21, 2014, 18:56

Quote from: oxman on July 21, 2014, 18:43
maybe you will get at least $6 for it

http://famouslogos.net/twitter-logo/

Simonox would have received about 40% of that $6. World famous logo for $2.40. After he pays his taxes he'll have a whole $1.70 to spend.

1. Would it even have been $6 back then?
2. iS emphasised at the time that the twitter bird was NOT a logo.

. Certainly for a while after Twitter was using it, it was still on sale on iS, but I can't find it at the moment.

daveh900 · « **Reply #11 on:** July 23, 2014, 10:41 »

I try to be careful to make sure that the agencies I contribute to do not allow logo usage. For one, it's terrible branding to base your logo on royalty free clip-art that may have been used hundreds or thousands of times by other businesses. But mostly, I feel cheated when someone pays a few bucks for my work and uses it as their logo. I'm happy to create a custom logo for a business and I do often, but I certainly get more than $.38 for that effort.

I have contacted several companies that have unlawfully used my art as their business identity. Most of the time the fault lies on the "designer" that they hired. I have even found my work on other "designer's" online portfolios.

In most cases, it's a small business and we reach some sort of an agreement or they cease to use the logo.

In your case, where the company has already fully implemented the design, it could get complicated.

You own the copyright to the work and should be compensated. It will cost them a small fortune to change the design now.

Metsafile · « **Reply #12 on:** July 28, 2014, 01:40 »

Interesting to see how this situation pans out for you - please keep us posted.

EmberMike · « **Reply #13 on:** July 28, 2014, 09:52 »

Quote from: Metsafile on July 28, 2014, 01:40

Interesting to see how this situation pans out for you - please keep us posted.

Sounds like it's a case of a designer using a stock graphic and not knowing the limitations of the license. But the company is very responsive and respectful. They offered to buy the rights to the graphic or stop using the logo, and it looks like we will be able to come to terms on a deal to transfer rights to the image to the company.

So a good outcome on this one. Glad to be able to resolve it privately and directly with the company.

Shelma1 · « **Reply #14 on:** July 28, 2014, 10:34 »

That's great news! Congrats.

cthoman · « **Reply #15 on:** July 28, 2014, 10:34 »

Quote from: EmberMike on July 28, 2014, 09:52

Sounds like it's a case of a designer using a stock graphic and not knowing the limitations of the license. But the company is very responsive and respectful. They offered to buy the rights to the graphic or stop using the logo, and it looks like we will be able to come to terms on a deal to transfer rights to the image to the company.

So a good outcome on this one. Glad to be able to resolve it privately and directly with the company.

Good to hear.

etudiante_rapide · « **Reply #16 on:** July 28, 2014, 10:54 »

wow, good 4 u Mike !

n this is because u went looking for infringements of your work. i wonder how many others r out there.
still, it may be telling us that instead of checking in every hour to see how much u r earning on your microstock sites, that perharps, u can earn more but googling to see who is using your stock images improperly.
tho i would think not all outcomes will be as rewarding as this one.

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Author Topic: Company uses stock icon as logo - what would you do? (Read 6045 times)

EmberMike

cthoman

EmberMike

cthoman

Mantis

goober

oxman

goober

Gino

Beppe Grillo

ShadySue

daveh900

Metsafile

EmberMike

Shelma1

cthoman

etudiante_rapide

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