Patent Attorney and Founder
An ex-employee took your design, didn’t pay, and now claims ownership? That happens more often than you’d think.
Here’s the usual story:
- A business hires a designer for a logo or artwork.
- The designer creates the work.
- A dispute comes up, often about payment.
- The client says, “I own this.” The designer says, “No, I do. It’s my copyright.”
And technically, both sides may have a point. Artists generally own the copyrights in their creations. But once you’re hired to create something for a company, it often shifts into work made for hire territory. That’s where contracts matter.
If there’s a contract, I’d want to see it. Many agreements spell out what happens if one side doesn’t pay. Sometimes the company still owns the design. Other times, the designer keeps it. Without that document, it’s hard to say.
If the company went ahead and registered the logo as a trademark, that adds another layer. The USPTO doesn’t referee contract disputes. They just care who used the mark first in business. So if this turns into a fight, it’s usually handled in state court (for contract or payment issues) or federal court (if it’s a copyright infringement case).
Bottom line:
- If you’re the business, you may still own rights, but you need proof.
- If you’re the artist, you may have a copyright claim, plus a case for unpaid work.
- Either way, this is one to take to a trademark or IP attorney.