I had a bar almost 9 years ago (with a business partner) and had a logo created by a professional (I have all the rights on it) but did not have it patented.
the bar would be closed after a year
now i'm experiencing the exact same logo that i bought at the time, i have used a bar for years now and also sell on tshirts etc.
and who owns the bar? So my old business partner stole my logo date back then (probably secretly from my laptop) and is now using it.
my question what can i do? And which lawyer do you contact?
I have a lot of evidence photos from the bar with my logo everywhere on the website instagram etc. And has been making money for YEARS
I still have the date of the logo or I have contact who created the logo.
hope to find a helpful answer
Nothing at all. Didn't have it patented but very anti-social
I had a bar almost 9 years ago (with a business partner) and had a logo created by a professional
Your former partner may have the same rights to the logo as you do. Why do you think you have sole rights to it?
Even if you let it be protected, after 7 years the protection at the trademark office will expire if you don't renew it.
You ran the bar together. The question arises, was the logo company property? Was your company commissioned and paid for the creation? Then you have both rights to the logo.
Otherwise you only have to contact the author of the logo to check whether he has sold the logo to your partner again.
If you actually have all the rights of the logo (except the copyright, you can't transfer this), you can ask your ex partner to remove the logo.
But as I said, this has to be checked in advance.
I have
all right on it
Nope, you haven't. And it is questionable whether the business partner does not have the same rights to it.
He does not have to be patented if he has an exclusive license from the author. You can't "patent" brands anyway.
Copyright law would be considered as the basis for this. If you really have all the rights, you can refrain from it and, if necessary, sue for damages.
As some have already indicated here, it may well be that the logo was owned by the company and / or that your business partner also had a license status or the author sold the logo to him again.
Section 47 (1) MarkenG: the term of protection is 10 years
Why should he? He was not registered as a business partner, I alone was registered in the shop as a managing director and I paid for it
