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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 110573
Experience:  Attorney experienced in commercial litigation.
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I have another one . Over 5 years ago, the owner of

Customer Question

I have another one for you. Over 5 years ago, the owner of Fun Town asked for me to see if my brother would create some characters to represent the company as a sort of mascot. My brother did a personal favor for me and developed 4 characters at a fraction of what he would normally charge. While the owner paid for the production of the art, he does has not paid for the license to use it commercially. He asked for it a couple of years back and my brother offered to sell to him for $12,000 or $3,000 per character. One in particular, the owner really likes. It appears on billboards business cards, almost all advertising. He refers to both the character and himself as the Mayor of Fun Town. The owner thought my brother's price was outrageous as he clearly has no idea what my brother sells his art for and he was actually getting a discount because of me. You can see it for yourself here This site gets 4,000 hits per day and the art is used on at least 5-6 other sites probably totally 10,000 hits per day. Problem is, my brother was insulted by the owner's indifference by not even responding caused by brother to get a little worked up about it. So I bought the commercial licensing rights myself. How do I go about adding this to the wrongful termination, threats of violence, anti-trust suit as well?
Submitted: 5 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
This is a separate suit. If you have the ownership of the license, you can stop him from using it by canceling the license and revoking your permission and send him a cease and desist use letter and send a DMCA takedown notice to his website provider to make them remove the content from online. Then you would have to sue him for violating the license if he continues to try to use the intellectual property and seek damages.

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