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Was I Ripped Off?


Cola

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Alright, this guy on a message board I frequent is starting a restaurant near where I live at. He asked me to create the logo for his restaurant/bar. I posted some of my earlier concepts asking for C&C and what not a few months ago. I submitted a few different concepts which all featured the "jalapeno" guy I designed and felt would be the iconic piece of the logoset. Anyhow, he suddenly stopped responding to me a few weeks after I submitted my initial designs. I don't know if price talks got him feeling cheap or he really didn't like my stuff, but anyhow- I noticed he has added a signature image to his posts on the message board...a logo for his restaurant he is opening.

Is it a bit too similar to mine? Does it steal the likeness of my jalapeno guy? What would you guys do about this?

My logos:

JBsTexMex2.jpg

JALAPENO_BISTRO.jpg

The logo he is now sporting:

sigpic2323_7.gif

Pretty small image, but you get the drift. Am I overreacting here?

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I know how you feel. This type of thing happens all the time with price shoppers. They don't give a second thought to taking a good idea, balking on the price and then going to someone else to "re-create" a logo you worked on.I wouldn't say you are overreacting, but you may not have any recourse.

The similarities are probably too general for any legal action.

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They don't give a second thought to taking a good idea, balking on the price and then going to someone else to "re-create" a logo you worked on.I wouldn't say you are overreacting, but you may not have any recourse.

The similarities are probably too general for any legal action.

Yeah, that is really what bothers me...and how I feel like I've been screwed. He basically jobbed me out to give him some concepts with the intention of soley working with me...then takes my ideas and gets some kids to sketch his best likeness on paper. While I don't feel like his logo is strong at all, I just wonder if he would have ever went with the animated jalapeno having never saw the logos I presented.

I know I wouldn't have a legal leg to stand on, but I kind of want to PM the guy and say something. Guess I'll just take the high road here once again and keep quiet.

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Why not just PM him and threaten legal action? Even if you have no intention of following through, it might scare him enough to stop using your idea. What do you have to lose? Unless the guy is your friend or something...

With friends like that...

I'd say something to the guy. Might even threaten some kind of legal action. Even if you don't go through with it, at least cause this man a few sleepless nights...

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Honestly, you got ripped. There's no if's and's or but's about it. You did work for him, he didn't like your price and then took your idea to someone cheaper, a friend's community college son, and he got it done for free. The sad part about it is that you have nothing to stand on if there was no contract. Sure there's similarities because it's a jalapano wearing a hat and sunglasses, but that's as far as it goes. I feel bad for you, but again, doing work for free does get you screwed. Have a contract that says you don't do any work without 50% up front, and that includes ideas and sketches. Until you have that contract signed, you do no work.

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1. Your second design is more similar to Chili's branding than his logo is to your work.

2. With a name like Jalapeno Bistro, I'd imagine that if he asked 5 different designers for logo submissions, all 5 would have some similarity to yours.

3. His logo sucks. You'd be doing yourself a disservice to claim that he ripped you off.

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