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Ben Jones
Ben Jones, UK Lawyer
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Okay so had a logo re-branding done by a local company, however

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Okay so had a logo re-branding done by a local company, however what I wasn't told is they didn't make it unique to us only, they used images from Shutterstock which anyone can access, now I have a problem that another company in motor trade have set up using practically the identical design and logo. Need to know where I stand on this. I have images if needs be to help make question clearer.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Did you specifically ask for anything unique?
Customer: replied 1 year ago.

Yes I told them at beginning of conversations on phone that all my logos are unique to us, and blingmotors logo needed to be revamped as it was over 10 years old and we need to stay with times, so a fresh new logo but this was all done over phone, and then by emails. Not once did they tell me they were going to use free images, if I had known this I would never have gone ahead I could have made my own from free stuff! I will insert their work for me and then a Flyer I have found from another company.

Expert:  Ben Jones replied 1 year ago.
I presume the two businesses are not in competition?
Customer: replied 1 year ago.

well we are a garage, bodyshop and valet service is offered by us, the other company pinnacle is a mobile valet in same area only just popped up, no address just mobile number

Expert:  Ben Jones replied 1 year ago.
Your rights will depend on what was agreed at the outset. Using stock images to create a logo is not wrong or illegal although if you were specifically asking for a unique logo, created from scratch for you and without the use of stock imagery, then that could amount to a breach of contract by the designer. Even using stock imagery could make something unique if these images are used in a specific and unique way, however in your case you can see that they are quite similar so not that unique.
In these circumstances, I would challenge the designer on their work and remind them that you did ask for something unique, and not just a cheap re-hash of an existing design, which anyone else could use. You could ask them to start from scratch and design a new logo, covering any expenses in rebranding.
Sadly you cannot force them to accept any of this so if they refuse to play ball and you find yourself in a stalemate you may have to consider taking this further, such as by going to court to seek compensation for your losses.
You can treat the fees paid and losses incurred as a debt. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.
2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.

So this other company pinnacle I can not ask them to stop using it can I? (as they have basically copied our whole overview design), as the designer for ours used royalty free stock images. Or can I ask them to change it so it isnt the same as ours? and thank you for info on designer I had a feeling that would be the case but needed legal advice to go any further.

Expert:  Ben Jones replied 1 year ago.
No you cannot go after the other company - you do not own the design, it is a stock image and unlikely to be unique enough to be considered your logo. Your rights are really against the designers for not doing their job properly or not following your instructions. Of course there is nothing stopping you from contacting the other company and asking them - they could oblige if they know you have the same logo too, but legally you may not be able to do that. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Ben Jones, UK Lawyer
Category: Law
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Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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