Intellectual Property Law

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Intellectual Property Law

The company I work bought out by another company. I was

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The company I work for...
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: 1 year ago.Category: Intellectual Property Law
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Answered in 6 minutes by:
2/16/2016
IP Lawyer: Kendell Kelly, Esq, Lawyer replied 1 year ago
Kendell Kelly, Esq
Category: Intellectual Property Law
Satisfied Customers: 588
Experience: Lawyer practicing in all areas of intellectual property, including patents, trademarks, copyrights, trade secrets and new media.
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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.

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IP Lawyer: Kendell Kelly, Esq, Lawyer replied 1 year 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.

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IP Lawyer: Kendell Kelly, Esq, Lawyer replied 1 year ago

Is your employment governed by an employment or other agreement?

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Customer reply replied 1 year ago
Not at the moment. They are wanting me to sign an employment confidentiality and assignment agreement.
IP Lawyer: Kendell Kelly, Esq, Lawyer replied 1 year 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.

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Customer reply replied 1 year 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?
IP Lawyer: Kendell Kelly, Esq, Lawyer replied 1 year ago

Does that make sense?

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Customer reply replied 1 year ago
Does what make sense? Did I miss something?
IP Lawyer: Kendell Kelly, Esq, Lawyer replied 1 year 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?

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Customer reply replied 1 year ago
Nevermind, found what I was looking for. Thank you for your help.
IP Lawyer: Kendell Kelly, Esq, Lawyer replied 1 year 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.

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IP Lawyer: Kendell Kelly, Esq, Lawyer replied 1 year ago

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

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Kendell Kelly, Esq
Kendell Kelly, Esq, Lawyer
Category: Intellectual Property Law
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