Letter rec'd by a local vender with my logo on site

[PeggyE]

I rec'd a frantic call from a local retail pet store that supports my 501/c/3 Dog Rescue.  He received the Getty letter and it's demanding $875 due to my logo on his site.  One of my volunteers had contacted a designer through Etsy in 2009 and paid for this to be done.  While it's the same photo provided by Getty, we have no idea where the designer got it.  I do have 2 copies of the logo that we have used on our website, brochures, cafepress items, etc. and have provided it to vendors in locally printed items.

While the photo of the dog, it is "turned" facing opposite direction.  What can I do to help this vendor because of the support he has given our rescue?

Thank you in advance...Peggy, www.luvachinrescue.org

[Jerry Witt (mcfilms)]

This is an interesting one...

The image in question is a photograph, right? Your image in the logo appears to be an illustration based on the photo. I would be interested to see the full size logo. This is my suggestion, and others may have a better idea. I would provide the pet store owner with your receipts from paying the artist to create the logo. I would have them state that this logo was provided by you and the artwork has been properly licensed.

Meanwhile, you should get in touch with the original artist and ask them for details about the work for hire project. Did they base that dog illustration on a photo? How did they obtain the photo, etc.

Please keep us posted how things progress.

[Jerry Witt (mcfilms)]

Peggy, you might want to go through your site and make sure you have either licensed the images or take them down. For example http://www.luvachinrescue.org/images/main_chin.jpg seems to be an iStock photo. iStock is owned by Getty images. However if you are looking to license an image, here is a good replacement. https://www.pond5.com/photo/16706720/head-japanese-chin-puppy.html

It's $2 and it will go to a company that doesn't support image trolling.

[PeggyE]

Thank you for your response.  Our website was designed by a company in St. Louis, MO called Ultimate Pet Websites and I paid them a design fee + hosting on a yearly basis.  I will ask them if they purchased the photo there.

The logo, in question, is on the website also (top left corner) in the circle with the "heart".  That same photo is on Getty's site with the dog turned the opposite direction, and of course - no heart (obviously the same with Getty!)  While there are some changes to it, the outlining, etc. the dog is the same.  The receipt I have shows the same dog but shaded in, which we also asked for the "unshaded" version from here.

Jerry Witt - I would be more than happy to provide scanned copies of a full size logo, the information from Getty (the picture) and the invoice from the Etsy purchase.  I'm not certain if I can attached while on the forum though.

Thank you, Peggy
www.luvachinrescue.org

[Jerry Witt (mcfilms)]

Hi Peggy,

You can email me witt [at] motioncity [dot] com. But I strongly urge you to stop saying that it is the photo of the dog. The dog may have been used as a reference, but to me that image looks like it was a rendering and I'm curious if the people that created the art will be able to disclose more information about its creation.

Meanwhile, all you can tell the pet store owner is that you bought and paid for the logo design. You can point the owner to this forum so he can get educated about this issue. I think most people on this board would agree that he has less that a .001% chance of them taking any legal action. However he also has a 99% chance that they will continue to harass him with several threatening letters about this no matter what he or you do.

[Oscar Michelen]

Jerry - Great advice once again. Peggy - you may want to consider a quick logo re-design and replacement.  I would not overly engage Getty as Jerry said its unlikely they will sue.

[PeggyE]

Thank you for your replies and I will work on the scanned attachments of all information I have.
Peggy