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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Our company used the services of a marketing consultant to

Customer Question

Our company used the services of a marketing consultant to assist us in the set up of our business. She contacted a graphic design company to design our logo and a couple of other things. The marketing consultant invoiced us work which we promptly paid her. A few weeks ago we were shocked to receive an email from the graphic design company telling us that the marketing consultant has not paid their invoices to her work and as such we are in breach of copyright as we are actively using the logo.
They are threatening us with court now. Are they legally right ?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : my name is ***** ***** I will help you with this.
Alex Watts : please let me know who instructed the graphic design company?
JACUSTOMER-c5g1iihq- : The marketing consulting company instructed the design company. She would not let me deal with them myself and she insisted on acting as a go between as she said we were her client and the design company are one of the companies she uses.
JACUSTOMER-c5g1iihq- : the work was carried out in Oct 2013 and the marketing consultant invoiced us work which included the design of our logo, in Dec 2013 which we paid her straightaway. The design company emailed us last week as a last resort as they have been trying to contact the marketing consultant since Dec 2013 and basically have had no response or payment. So in a nutshell we have paid the marketing consultant logo but she has pocketed our money and not paid the graphic design company logo.
Alex Watts : Ok. So you never signed a contract with the design agency?
JACUSTOMER-c5g1iihq- : We didn't sign an agreement or contract with either the design company or our marketing consultant.
Alex Watts : Ok. Then the design company are not legally right.
Alex Watts : You instructed the consultant. Your contract is with them. Their contract is with the design company.
Alex Watts : Therefore any dispute is between those two parties not you.
Alex Watts : You are not in breach of copyright, you have paid work.
Alex Watts : Their dispute is not with you.
Alex Watts : Can I clairfy anything about this today please?
JACUSTOMER-c5g1iihq- : Copyright of logos etc remain the property of the owner who created/designed it unless transfer of ownership is made by payment.....that is my understanding of the law so the way they see it is that they as the owner of the logo have received no payment logo by the company who instructed them to do the work. As a result they believe that they still own the logo and that we are a third party who are illegally in use of their logo. This is what I am worried about.
Alex Watts : It's a matter of contract. The dispute is between the marketing company and the design company. Of course you can pay the design company and then seek to sue the marketing company if they have any assets. But if you refuse all the design company can do is issue a claim. You can defend that and bring in a counter claim against the design company
Alex Watts : Does that help?
JACUSTOMER-c5g1iihq- : Thank you - do you mean that we can bring a counter claim against the design company or the marketing company ? And what could the design company be claiming us ?
Alex Watts : Counter claim against the marketing company. I don't know what they could claim their contract is with the marketing company.
Alex Watts : does that help?
JACUSTOMER-c5g1iihq- : Thanks. I will chat through with my husband and let you know if there is anything else . Thank you
Alex Watts : Great. Can I clairfy anything else ?
Alex Watts :

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