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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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About 7-8 years ago, my design agency undertook work

Customer Question

About 7-8 years ago, my design agency undertook work for a company called "Imagine Property Development". The cost was £5,500. The client never paid and was taken to Court. £5,500 was awarded to my company. They still did not pay and wound up the company and this contributed to my company going bust and me incurring significant financial personal hardship. I have recently found they registered an almost identical company in 2007 "Imagine Property Developments Ltd" and have transferred across all my work on their website and materials which the owner continues to profit from.
What, if any, legal recourse do I have at this stage?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Was it an exclusive right to use it, or could they just do what they wanted with it please?
Customer: replied 2 years ago.

They were quoted for specific pieces of work such as a brochure, a website and a logo. Our terms at the time stated we retained the intellectual property and this is standard in the design industry unless signed over. The company was Chameleon Design which went into insolvency but I carried over the clients and work assets into TFA Marketing and settled with the Insolvency Service.

Expert:  Ash replied 2 years ago.
Ok, what was the date roughly of the invoice?
Customer: replied 2 years ago.

The invoices and CCJ were granted in 2007. My question is whether that CCJ can still be pursued in any capacity and/or whether I can sue for use of my IP being extended across other works, when never paid for.

Expert:  Ash replied 2 years ago.
the ccj no, that was with the company, however you can ask them to stop using the artwork design because as you say they needed your permission to transfer and use it. They haven't so you can stop them. You can seek a court order to make them stop using it if you wish,
But sadly the money element of the ccj has no bearing,
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

What type of court order would I need to apply for if no money element (assuming I use MoneyClaim). Thanks.

Expert:  Ash replied 2 years ago.

It's the generic form

Does that help?

Expert:  Ash replied 2 years ago.

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.