Start of the war. i.e. The first email.

Allow me to preface this with she did not receive my email totally out of the blue.  My husband did drop a note weeks before I did letting her know that I was unhappy about the logo use and she should cease and desist use of it.  She told him she'd deal with it when she got back from vacation.

-----------------------------------------------------------------------------------------

Singer,

Now that you are back from vacation I’d like to deal with the LMB Logo issue.   The logo is my intellectual property.  I custom designed it and even the gradient color used in Blonde is a custom, very specific layering of colors that I use exclusively for that logo.   When I was relieved of my duties as the web designer I removed all my files.   This included photos, graphics, logos, html, and flash files before I allowed the domain transfer.   A few weeks later I was asked if you could use the logo on the new site.  I agreed under one condition, that I be credited for the logo design anywhere it was used, that request was never honored.

At that time I took the steps to protect my work, and attained a Trademark on that art work.   A couple of months ago after receiving another e-mail regarding the unsatisfactory appearance of the current LMB website I finally decided that I needed to say something in order to protect my reputation. I was assured you were “engaging a webmaster to take care of it”  I’ve seen the newly improved website and don’t feel it is up to standard of my work or reputation.  I’m 100% freelance and word of mouth is my best tool.

I am respectfully requesting that you cease all use of the logo.  Business cards, demos, promo packs, T-shirts or any other merchandise, any and all flyers, on the website, the banner you hang behind the band, and in any e-mail, or event notification on ANY website, including the LMB Facebook page, or any club that books the band.  I rescind any permission to use it on the internet, in print, or any other media.

I appreciate your understanding and cooperation.  Take care.

Krys Rhodes

Cactus Creations Design.

Coldfire7274@comcast.net

This is the singers reply...

From: Singer
Sent: Tuesday, April 19, 2011 1:38 PM
To: Krys Rhodes
Subject: Re:

If you want to speak about this on a respectful level I would be more than happy.  I am not sure what you wanted me to do to "credit" your intellectual property, but I would be more than happy to if it makes you happy.  I have, in the past paid you for the work you have done, and happily paid you I might add, for services rendered. 

Not sure where this is coming from.  No reason to make this a battle.  Please show me the note that stated the conditions, and in respect to our friendship, I would gladly adhere.  I always thought you did amazing work, dont make it end like this.. I am not your enemy my friend.


Singer Name

------------------------------------------------------------------------------

My reply... 

I did speak about this on a respectful level. I am asking you once again, stop all use of my Logo.  Please I don't want this to turn into a battle.

-----------------------------------------------------------------------

Her reply... 

well I am sorry to hear that.  I believe that logo is for my use and I will continue to use it. 

Feel free to escalate this to a legal issue if you must.


singer

------------------------------------------------------------------------

Now, I'll address this more in upcoming entries. However not only did she play the friend card, after having the gall to tell me everything is all about her.  (seriously..  almost 2 years later, I am still trying to wrap my brain around that, I didn't know people actually said that to other people)  but she also played the I paid for your services in full card. 

The only 'payment' received was one year she gave me a $100 dollar gift card to Fashion Bug for my birthday, in a e-card that said Happy Birthday, never did she say oh that was payment for the website. 

About a year later she asked the hubby if there were any programs I wanted, there was, it cost 50 dollars he bought it, and she reimbursed him.  I asked what is this for, he said just a thank you I guess. 

That's $150 dollars for 3 years and hundreds of hours of work.  If I had known those GIFTS were payment, I wouldn't have accepted them, if she wanted to pay me she should have asked for a bill and contract.  

At the rates I charge for my web/graphic design and photography, her bill for the 3 years of work comes to about $3000.  

While I'm not an attorney, I'm pretty sure from watching People's Court here and there that you cannot give someone a gift, and then later say that was a loan or payment for something because it suits your needs.

and on a final note..  this was NEVER about money. 

and you know what's a little disturbing?  it only gets uglier and worse from here....