Ask Your Peers - Name and logo taken by another agent by Tonya Plummer

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Tonya Plummer, Clenney Insurance of Blakely - Blakely, GA 39823

Reputation: 71 - Total posts: 8

I designed a name and logo to use to advertise with specific markets and the agency owner where I previously worked is using it to advertise for himself. Suggestions on how to handle this?

10 year(s) 11 month(s) ago

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Jim Libs, Brown & Brown of Detroit - Sterling Heights, MI 48310

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Jim Libs, Brown & Brown of Detroit - Sterling Heights, MI 48310

Reputation: 20 - Total posts: 4

Get the name and logo copyrighted if it is that valuable. otherwise you have little to no recourse.

10 year(s) 11 month(s) ago

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Tonya Plummer, Clenney Insurance of Blakely - Blakely, GA 39823

Reputation: 71 - Total posts: 8

Copyright, tradename or patent? Not sure what is what and which one protects me.

10 year(s) 11 month(s) ago

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Chautauqua Wesley, Insurance Solutions - Roanoke, VA 24019

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Chautauqua Wesley, Insurance Solutions - Roanoke, VA 24019

Reputation: 1083 - Total posts: 162

Your sht out of luck. Nothing you can do without a Trademark.

10 year(s) 11 month(s) ago

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Jim Libs, Brown & Brown of Detroit - Sterling Heights, MI 48310

Reputation: 20 - Total posts: 4

Copy the following link to your browser to understand the difference.

http://www.uspto.gov/trademarks-getting-started/trademark-basics/trademark-patent-or-copyright

10 year(s) 11 month(s) ago

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Tonya Plummer, Clenney Insurance of Blakely - Blakely, GA 39823

Reputation: 71 - Total posts: 8

My clients know me as this "name" which I'm a female and HE is trying to take my clients using MY name and logo....makes him look ridiculous stealing my stuff and I'm sure most will figure it out but it's frustrating when I've worked on this for many years. Seems like he'd come up with his own idea instead of stealing someone else's idea. Do I need to get copyright or Trademark to stop him?

10 year(s) 11 month(s) ago

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andy palley, Capacity Coverage Co. - Mahwah, NJ

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andy palley, Capacity Coverage Co. - Mahwah, NJ

Reputation: 20 - Total posts: 4

If you designed the name/logo while working (and being paid by) the other owner, you most likely have no recourse whatsoever. If you were an independent producer, you'll probably have to fight it out in court, and the prospects aren't good. I'm not a lawyer, but I've had a fair amount of experience with stuff like this.

10 year(s) 11 month(s) ago

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Chautauqua Wesley, Insurance Solutions - Roanoke, VA 24019

Reputation: 1083 - Total posts: 162

To late now. He is already using it to get a copyright.

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Chautauqua Wesley, Insurance Solutions - Roanoke, VA 24019

Reputation: 1083 - Total posts: 162

You just need to go back to the drawing board and do something else. Have you talked to him about not using it?

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Tonya Plummer, Clenney Insurance of Blakely - Blakely, GA 39823

Reputation: 71 - Total posts: 8

HOW do you know John Jones? And HOW can he STEAL this and get away with it?

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Chautauqua Wesley, Insurance Solutions - Roanoke, VA 24019

Reputation: 1083 - Total posts: 162

If you don't have a trademark on something anybody can use it. Just like Microsoft if they didn't have that name trademarked everybody competing company would use there name. Like the other guy said if you also designed it while getting paid by him he can use it to.

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Chautauqua Wesley, Insurance Solutions - Roanoke, VA 24019

Reputation: 1083 - Total posts: 162

I meant to say he is already using it so you can't get a copyright now.

10 year(s) 11 month(s) ago

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Tonya Plummer, Clenney Insurance of Blakely - Blakely, GA 39823

Reputation: 71 - Total posts: 8

i had this specifically designed for the markets I target LONG before I worked for him. Paid a local artist to do it and well, my name IS my name! Well, not completely but my name is Tonya and I market towing companies so I'm "Towing Tonya".

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10 year(s) 11 month(s) ago

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Chautauqua Wesley, Insurance Solutions - Roanoke, VA 24019

Reputation: 1083 - Total posts: 162

You didn't say that in your first message. You said you did it while working for him. If you did it before working for him and can prove it you need a trademark lawyer to talk to.

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Tonya Plummer, Clenney Insurance of Blakely - Blakely, GA 39823

Reputation: 71 - Total posts: 8

I could see how my first message was misinterpreted. I only worked there for a little over a year but have had this logo and name years before I worked there. Guess I need to spend the money to get it copyrighted/trademarked before he goes any further.

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andy palley, Capacity Coverage Co. - Mahwah, NJ

Reputation: 20 - Total posts: 4

If he's stealing your visage (which is in your logo) and/or your actual name, then you may possibly succeed in court. If you cannot convince him to stop using it, court is your only option. Trademarks and copyrights are two different things, but either one would have offered you some degree of standing.

10 year(s) 11 month(s) ago

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Joel Paprocki, Paprocki Insurance Agency, Inc. and Insure My Food - Vlg O the Hls, TX 78738

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Joel Paprocki, Paprocki Insurance Agency, Inc. and Insure My Food - Vlg O the Hls, TX 78738

Reputation: 271 - Total posts: 26

I do not agree with others that say you must trademark it. This makes a case stronger, but if you can prove you were using it before he was and its causing confusion in the marketplace then you have a good chance. I have had experience with it before.

Your options:
1) Talk to him.

2) Send a letter from an attorney threatening him to stop, about 500 dollars.

3) Go to court.

10 year(s) 11 month(s) ago

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Chautauqua Wesley, Insurance Solutions - Roanoke, VA 24019

Reputation: 1083 - Total posts: 162

In my experience if he has produced stuff with logo on it and gave to clients and you just have the drawing but never did anything with it I can't see a case. It's like you see somebody drawing on a paper and you think man that would be a good logo. There's nothing that keeps you from using it. I hate this for you but I would talk to him and see if he will stop using it.

10 year(s) 11 month(s) ago

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Tonya Plummer, Clenney Insurance of Blakely - Blakely, GA 39823

Reputation: 71 - Total posts: 8

Joel Paprocki,
Not wasting my time talking to a thief...he knows what he's doing. I'll get in touch with my attorney.

10 year(s) 11 month(s) ago

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Nancy Elias, CompleteMarkets - Big Bear City, CA 92314

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Nancy Elias, CompleteMarkets - Big Bear City, CA 92314

Reputation: 4229 - Total posts: 335

Hi Tonya,

Wow! I really like that the community has given you some feedback and options. Thank you everyone!

I really hope that you can get this issue resolved and no major damage is caused to you or your businesses.

Good luck!

10 year(s) 11 month(s) ago

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Ask Your Peers Name and logo taken by another agent (Closed)

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