What action could I take if someone has trademarked my original artwork without permission? 5 Answers as of June 29, 2015

What action can I take of someone has trademarked my original artwork without permission? The work is my personal artwork and was not created as work for hire. There was no contract or implied transfer of rights.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Webb IP Law Group
Webb IP Law Group | Jason P Webb
If the artwork is substantial (i.e. not just simple geometric or font work) then you may have copyright rights in what was created and may be able to force them to stop using it. You should talk with an IP attorney to see if they think you have a case.
Answer Applies to: Utah
Replied: 6/29/2015
Sebby Law Office
Sebby Law Office | Jayne Sebby
Send a cease and desist letter to the other party and, if your artwork is part of a registered trademark, to the grantor (state or federal) of the protection with a request to terminate the mark's registration. If you haven't already, register the artwork with the U.S. Copyright Office. The other party may be willing to stop using your artwork or may purchase/license it. But be prepared to go to court.
Answer Applies to: Nebraska
Replied: 6/29/2015
Banner & Witcoff, Ltd. | Ernie Linek
You need to hire a trademark lawyer to help you with this. If I understand your question - you created an original artwork. Someone else filed a trademark application claiming that the artwork was their trademark - for goods or services. They may have done this thinking that the work was their property - as perhaps they [aid you to create the work for them. Facts will determine who has rights in this case. GOOD LUCK.
Answer Applies to: Massachusetts
Replied: 6/29/2015
Michael M. Ahmadshahi
Michael M. Ahmadshahi | Michael M. Ahmadshahi, Ph.D., Esq.
Work for hire agreements must be in writing. If there is nothing in writing between you and him, the artwork belongs to you as a copyrightable material. Furthermore, there is no requirement that you register the artwork since you automatically own it upon creation. Since there is no work for hire agreement between you and him, you can sue him for copyright infringement. Of course, I would still register the artwork with the Copyright Office because if you decide to sue him in court you must have a registered copyright.
Answer Applies to: California
Replied: 6/29/2015
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
Artwork is generally a copyright. A trademark is a logo, slogan or name of a company. I can't tell from your question if it is a TM or a registered mark or a pending trademark application. Since you indicated this was "personal artwork" I can't tell if they stole the personal artwork, took a picture of it, or created similar artwork. You can contact the trademark office, contact an attorney, send them a cease and desist, file a law suit.
Answer Applies to: California
Replied: 6/26/2015
Click to View More Answers: