..and it continues

In Mid-May I did a search for the band name coupled with the singers name and came across a trademark application FOR MY WORK.  I went through the roof.  She did not purchase the logo, even though she claims to have 'happily paid in full for my services', she did not create the logo, hell she didn't even have a concept in mind. It's 100% my concept and work. She filed a trademark application 11 fucking days after I provided the updated logo per our agreement.  She violated the agreement by removing my copyright.  I sent a letter of protest to the trademark commission but it was denied because they said it is not their place to make decisions of who owns what. The attorney I spoke to regarding that stance agrees with me that it is ridiculous because if that were really the case anyone could take any image from the internet and trademark it!  I am still looking into options to have her trademark voided. All of that said, my intellectual copyright trumps her trademark. I kept my mouth shut regarding my knowledge of her application as long as I could.  On September 8, 2011 I saw where she had posted several event notices on the bands facebook page. I did not see my copyright mark on it and made a public statement on their wall stating she was in violation our agreement and to please change it back immediately.  The statement was removed and I was then barred from posting on the band wall. She did however send me an email saying "No problem ~ will do"

After 24 hours it still had not been changed, and I sent her the following email;

Singer,

It has been nearly 24 hours since you notified me that you would change the event image.  I noticed that you had time to visit the LMB FB page, manage the permissions to keep me from posting on the wall,  and delete my comments.  Surely, you must have the time to change the event image.  If you don’t know how to do this, go to each event, then edit, then change event image. 

As per our agreement, I provided you with a corrected LMB logo with my company mark, I have given permission to use the logo as long as my information was not removed.  As I mentioned yesterday, you are in violation of that agreement.

Regardless of our personal feelings, or the conditions in which this agreement was made, to which I believe were false pretenses, an agreement is an agreement and I did hold up my end of it.

Thank You,

Krys Rhodes

Cactus-Creations Web Design

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

Her reply was... stunning. 

Krys ~

I have told you I have no problem advertising your company on my logo.  Again, I think you did great work. 

I had to delete you because you are unpredictable and a very unstable person.  I have read up on your diagnosis : Borderline Personality disorder.  I am trying to be supportive and not have your actions affect me in a personal manner, but the constant emails, postings, and threats are too much for me to deal with. 

I believe you mean well but you can not control your anger, and this harrasment needs to stop.

I hope you can get help, I will continue to support your wishes and post the new logo with your company name. 


Singer
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Huh? Borderline Personality Disorder?  Uhm... no. Where she got that I have no idea.  I've been to therapy, it helped me alot, unfortunately like many other Americans I occasionally suffer from clinical depression, that doesn't mean I am BPD.  My reply;

-----

1.        Let’s be clear, it’s MY logo, and I have granted YOU permission to use it.
2.       Whomever told you that I have borderline personality disorder is either boldy lying to you, or giving you wrong information. 
3.       Every single action I have taken against you, has been a direct consequence of your actions. They are not born of instability, harassment, or unpredictability.  They are purely me trying to protect my own interests personally and professionally.
4.   Threats?  There have been no threats.  If you are concerned about me hiring an attorney, and taking  legal actions against you regarding safeguarding my work then perhaps you shouldn’t be trying to trademark something that isn’t your work and doesn’t belong to you.
5.   When you stop violating our agreement, and stop trying to claim something that clearly isn’t your work, then I will stop making a public outcry of your dirty, sneaky, and underhanded actions.  It’s pretty simple Singer.  Civil and Criminal law is on my side for this one, just because you spend a bunch of money and think you can get away with copyright theft, doesn’t mean you can.  Stop your illegal actions, and I’ll shut up.

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

She did not reply. 

Five days later after speaking with my attorney I again contacted her with the following letter;
---------------------

Singer,

In an effort to make sure there are no misunderstandings regarding ownership of the LMB logo my attorney has advised I make them clear.

When I created the LoudMouth Blonde logo it was for my use on the website, www.loudmouthblonde.com I have held legal ownership of that domain since it’s inception on September 1, 2006.  That is how I was able to take the website down, because even though the domain was transferred to godaddy from namezero, I did not relinquish ownership of it.

When the logo was created, if we are getting specific, it was not created for you.  It was created for my use on the website, and all media I produced.  Permission for the use of the logo was given to you but the only time you ever used it, was to have the banner made.  In 2009 when the decision was made for me to no longer do the website I removed all of my graphics, pictures, web files, and any and all data from the internet before the transfer was made.  

Shortly afterwards, I did receive request either through you or you via John to use the logo on the new website.  It was not something I wanted to grant, but because of our friendship, I acquiesced, stating as long as I was credited for the work I would allow it.  As I pointed out in April, that request was never honored.

I have never sold the logo to you or anyone else.  I have always maintained my ownership of all my freelance work.  You at one point stated you paid me for my work, but you did not.  You gave me two gifts, one was a $100 gift card to fashion bug, and the other was you purchased a $50 dollar program for me, which was presented also as a thank you gift for all my work.  At Jack’s in April, you offered money.  I declined, stating this was not about money, and it is still not about money.  $150 dollars doesn’t even cover the operating costs of the website from 2006 to 2009, it certainly does not begin to compensate me for my work on the website, or at gigs, and as previously stated, they were presented as gifts and nothing more.

Therefore, you do not legally or otherwise own the LMB Logo, you cannot because it was never sold and or given to you by me. I am within my rights to rescind permission to use it at anytime.  While I understand that you may feel you own it because you are a member of the band, that does not equate to ownership.

My company mark on the logo is also not about ‘advertising my company’.  Frankly, I would prefer that all use of the logo on your website, facebook page, business cards, and any other media stop, but because I agreed to allow the use as long as my mark remained on it,  I will continue to honor that agreement.  If this was about advertising, I would not have made the mark so small and unobtrusive. 

Last month I was notified that you filed a trademark application for my logo.  I have been able to download all the documents you submitted when you filed that trademark app, including the logo where my company information was removed.  

I have already been in contact with the Trademark Commissioner, and submitted proof of ownership, copyright, and intellectual copyright, and have been in contact via letter to the attorney on record of your trademark filing.  As previously stated in my last email to you, I have also retained an attorney and we are wholly prepared to pursue both criminal and civil charges. 

I understand, Singer, that these are not issues you deal with all the time. I would like to believe that you were not aware that the law was broken when you filed that trademark application.  You are certainly more than welcome to trademark the band name, and I would encourage you to do so, you cannot trademark or copyright the logo without either my permission or my sale of the logo to you, and neither of things has or will happened.  I suggest that if you wish to trademark the band name, you hire a graphic designer to create a new logo for the band and purchase it from them, but please note, with the copyright held by me, it cannot in anyway look like the one I created.    There are several graphic design companies that would be able to create a fabulous logo and new look for the band within just a matter of days, or even hours.

Thank you for your careful consideration in reading this letter, and I do hope we can resolve this situation without it going to court.  Good Luck, if you’d like a list of graphic design companies, I’d be happy to provide that to you.

Krys Rhodes

Cactus-Creations Web Design

 ------------------------------------

Again..  showing the coward she is, she did not reply.  That was also the last time I contacted her.  ... and yeah it gets worse.

The First Accusation

So a few days after the April 29th gig @ Jack's I sent the singer a new copy of the logo with my company mark. I purposely made the mark small and unobtrusive. The reason I did that was 1. I felt that her and I had come to an agreement and that I didn't need to splash it all over the logo, and 2. This wasn't about advertising my company or work. Given my druthers my work would just be taken off that piss poor excuse of a website, it's the only thing on the site that looks decent or professional and I've mentioned before... I don't like that it gives people the impression I'm responsible for that p.o.s site. 


This is the email I sent her:

Hey ,

Here’s a  logo for the website/facebook etc.   It’s re-sizeable it’s intentionally over-big so it can be used in a multitude of applications without losing its quality of resolution.

If you want to give me the login for the website I’d be happy to go in and replace it, make it the correct size etc.  Enjoy J

-k

-----------------
Here is her reply:


Hey Krys ~ thank you very much for this.  I am glad that this is behind us, and I do appreciate you fixing it for me.
-----------------


So all good right?  HA!


Here's the next email I got from her:
----------------

Hey Krys,

In order to put this behind us.. I need you to give me full disclosure.

I really appreciate the help on the logo, but I need to know if you are still harboring issues that will continue to manifest.

Also, I am going to ask you this one time.  Were you the one requesting a private party from [names deleted to protect privacy.]

I know you were very upset with me, and you may have lashed out with multiple emails from these people.  If you come clean with me, I will wipe the slate clean and move on.. I am going to continue to investigate these people.. They are no where listed in the United States.

Please, be honest with me.
----------------------------------


Whaaa? Now, I knew about the private party, and knew they had tried to make contact with her regarding it.  I know this because apparently after she failed to follow-up with [person] he got my email from a mutual friend (his best friend is one of my clients)  He had sent me an email the same freaking day she gave me her bullshit about she felt it was her logo and hers to use as she pleased and that I should feel free to escalate it to a legal issue if I must --  I was flaming mad that day and I STILL did not bash that bitch.  I sent him the information he requested, sent a couple of demo songs, and apologized profusely that she had dropped the ball and finished by saying they were the perfect band for a party.  I could have told him to forget it, they weren't worth it, etc.. but I have some things called class and integrity. That was the extent of my involvement.  I was so stunned that I sat here looking at the screen for a good 5 minutes with my mouth agape.
-------------------
Here is my FIRST reply to her about it. 

Hey singer,

No.  I have nothing to do with this party or these people.  I was also contacted by [person] via one of my clients.  When I was bidding a job I used screen shots of the original LMB site as part of my portfolio so my client knew I used to be the web designer and we were friends.    [persons friend] gave him my email and [person] emailed asking if I’d be able to provide some demo songs and any other information I had on the band.   I sent 3 songs (Ready to Go, We are Family, and  RU gonna be my girl, its an LMO recording but I thought it would be good for him to have something with [male singer]  I gave the band lineup, and mentioned that [bass player] and [drummer] were also members of [another local band] in case he was familiar with them.  I apologized to him that it had taken so long to get the info he was looking for, that I was sure it was an accidentally dropped ball, and that LMB was a great band, and the perfect band for a party.  The next day he sent another thanking me for the songs and quick reply.   That’s the full extent of my involvement.  I’d be happy to fwd the emails to you.

Yes, I was very upset with you, and I still believe there are things I need to address but in the big picture of things, with everything else I have going on it wasn’t worth the emotional toll to me to go to battle.   Whether or not you are aware of it I’ve been feeling hurt and brushed aside for a long time.   I kept my mouth shut about my feelings and pushed it aside until I just couldn’t anymore, but I would take direct action instead of doing something juvenile and sneaky.

As far as not being able to find them, I don’t know what to tell you.  I can ask my client if you want.

Krys

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


She did not reply.  I stewed on all of this some more and sent her another reply the next day. here it is:

Singer,

I’ve been thinking about this a lot, and I just gotta say that I’m having a hard time wrapping my head around this.   Yesterday I was shocked, today I’m just pissed.   I don’t know where this is coming from.  If you are having a hard time in your own life, or if you thought I was so out of line about the logo thing, or maybe you feel a little guilty for how you treated me about it?

However you justify the accusation is up to you, but you need to realize that I wouldn’t do anything to hurt the band, regardless of my own hurt feelings.

I’m not sure if you even know why I’m so upset in general.   I attempted to tell you last year, but instead of an apology or sincere reply that would have made me feel better about the state of our friendship you told me to not read too much into it that  everything “was about singer right now”

Did you know that the only time you initiate contact with me is when you want/need something, or to come down on me about something?   Last year it was the virus I had in my email that sent msgs to boeing contacts, and now it’s this.  Please don’t come back with I never initiate contact either, you’re right, I don’t anymore.  After several tries were flat out ignored and then my email last year, where I poured my heart out, laid it all on the line was met with ‘it’s all about singer’  I gave up.

The reply I got to my first note about the logo..    you played the friend card, saying you were my friend, not my enemy, so sure you aren’t my enemy and I don’t consider you one, but you haven’t been a very good friend either.  Then you tried to say you paid for my services.   Exactly when did that happen?  This was  never about money, but since you brought it up let’s address that.  In the years I designed, and maintained the website, produced flyers, promo packs, business cards, took pics and edited them.  Which is hundreds of hours of work I received from you a $100 gift card to Fashion Bug for my birthday one year, and a year or so later you purchased a 50 dollar program for me, that when John asked me what I’d want, and I asked what it was for he said just a general thank you gift I guess.   The only other money that may have changed hands was reimbursement for business cards ordered.   In one sentence you said you always thought I did amazing work, in the next sentence you basically said that all that work was worth $150 bucks to you.   If I’d known those gifts were payment, I would have issued you an invoice for the actual cost of my services and taken a check instead. $150 bucks doesn’t cover a service/maintenance contract with my clients for a year.   Not to mention all the other services, and the fact that we hosted the website for years.   When I started doing the website it was a win for everyone involved as far as I was concerned.  I was able to advertise my work, and support John’s band to the best of my ability beyond being the adoring wife at shows.  The band got a fantastic free website, photography, custom logo, and free web hosting among other things.   Then John quit the band and I was promptly fired from my own website.   It would be one thing if the site that replaced it was better, or at least equal to it, but its not it’s awful which just pours more salt into my wounds, and that is never helped by random emails from people telling me how bad the site is.  

So yes, I’m upset.  I think I’m fully justified in being so.  :’(

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

Of course she didn't reply to that either.  So on Saturday of that week I logged onto my Facebook account and noticed that she had removed me from her friends list.  ....and that is how we got to me using www.loudmouthblonde.com as my personal website.  When the brouhaha first happened about the logo use I ran a whois report on the domain name. Lo and behold, I was still the registered/legal owner of the domain.  It was registered to my company.  I contacted godaddy and I asked how do I regain control of that domain and they said I would need to send them a photo of my I.D. and my Business License.  So I applied for my business license and filed that info away.  I thought we had worked things out somewhat and so I decided to not take control of the domain back over, until the day I found that I was unfriended on Facebook.  When I noticed it I was sort of like oh jezus christ, what an immature move and rolled my eyes.  A half hour later I went and got my mail and guess what came that day??  My Business License! Hahahahahahahahaha. I then photographed the business license and my drivers license and emailed it to godaddy and they transferred the domain to my account immediately.  I then took her website down.  Monday the next week I sent her the following email:

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

This is to inform you that www.loudmouthblonde.com  has been removed as a live website and will not be restored.  Have a nice day.

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

Here is her reply, and she copied it to my husband. 

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

Whatever Krys ~ if this is all it takes to get you out of my life, it works for me.. 

Real winner there John.. I would hurry with that divorce

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

I wasn't surprised by the snarky reply. In fact I even laughed at it.  What I found to be the most amusing part was that she copied the hubby on it.  It was almost like she was trying to tattle on me or something, like he didn't know what was going on LOL. 


By this time I had written her off and was kicking myself in the ass for making an agreement that allowed her continued use of the logo.  I do truly wish I could say this is the end of the saga..   


but I can't.