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Kendell Kelly, Esq
Kendell Kelly, Esq, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 578
Experience:  Lawyer practicing in all areas of intellectual property, including patents, trademarks, copyrights, trade secrets and new media.
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The company I work bought out by another company. I was

Customer Question

The company I work for was bought out by another company. I was tasked by the new company, which I am still employed with, to create a new company logo in an extremely short period of time. To save time, I presented a logo I created several years earlier for my wife which she never used. The company I worked for didn't choose this logo and moved forward with a completely different design from a different designer. Because my logo wasn't used do I still own the intellectual property?
Submitted: 9 months ago.
Category: Intellectual Property Law
Expert:  Kendell Kelly, Esq replied 9 months ago.

Hello, my name is Kendell! Happy to help! Please remember that this is a tool for information only, we cannot give you legal advice and thus cannot tell you what to do or not (since that is prohibited).This should not be considered a attorney-client relationship. Also, please reserve your feedback until we have fully answered your question -- I will stick with you until we do.

Expert:  Kendell Kelly, Esq replied 9 months ago.

If you were asked to create a logo under a work for hire or other provision of an employment agreement, the logo you presented may now be owned by your employer IF you made any changes and/or didn't tell your employer that the logo was created outside of your employment.

Expert:  Kendell Kelly, Esq replied 9 months ago.

Is your employment governed by an employment or other agreement?

Customer: replied 9 months ago.
Not at the moment. They are wanting me to sign an employment confidentiality and assignment agreement.
Expert:  Kendell Kelly, Esq replied 9 months ago.

Got it! Then in all likelihood, that logo would present no ownership issues. However, going forward you want to check the agreements that you sign to make sure that you are not assigning away rights for your creative works.

Customer: replied 9 months ago.
The main reason I'm concerned about this contract is because the new owners of the company are threatening to take away my stock options if I don't turn in this agreement even though that's not stated in the contract. Is this legal?
Expert:  Kendell Kelly, Esq replied 9 months ago.

Does that make sense?

Customer: replied 9 months ago.
Does what make sense? Did I miss something?
Expert:  Kendell Kelly, Esq replied 9 months ago.

I actually missed your follow-up question!! Apologies!! I was asking if the answer regarding your original question made sense -- you shouldn't have an ownership issue because the logo was not created under a work for hire or other agreement.

Regarding your follow-up question, what exactly are you asking is legal?

Customer: replied 9 months ago.
Nevermind, found what I was looking for. Thank you for your help.
Expert:  Kendell Kelly, Esq replied 9 months ago.

No problem! Happy to help!! Please let me know if you have additional questions in the future.

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Use of this service does not create an attorney-client relationship. Inasmuch, our conversation is merely informational and should be used to find an attorney licensed in your local area that can further assist you.

Expert:  Kendell Kelly, Esq replied 9 months ago.

Please do not forget to rate your answer or I will not get credit for my time. Thanks!!!

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