Client refused to pay, terminated our contract, and is now using my logo anyway - Virginia
Location: Virginia
I'm a freelance graphic designer, been doing it about three years. In January i took on a client for a full brand identity package, logo, color palette, typography, brand guidelines. Written contract, 50% upfront 50% on delivery, pretty standard.
They paid the deposit fine. I finished everything, sent final files in March, sent the invoice. They came back with revision requests that were clearly outside scope. I said those would cost extra per our contract. They went quiet for two weeks and then sent me an email saying they were terminating the project due to "unsatisfactory deliverables" and weren't paying the remaining balance. No details on what was unsatisfactory. Just that phrase.
I was annoyed but figured okay, they didn't pay so they don't own the files, i'll move on and chalk it up to a bad client.
Then last week i found their instagram. They're using my logo. Their website has it. All their social media has been rebranded using the guidelines i made. They terminated, refused to pay, and just. started using everything anyway.
I have the signed contract, every email, and timestamped proof of when i delivered the files. A few things i'm trying to figure out:
Since they never completed payment do i own the copyright and is this infringement?
Is their "unsatisfactory deliverables" claim enough to void the contract or do they need to actually prove that?
Do i send a cease and desist first or just go to a lawyer directly?
I'm not trying to blow this up i just genuinely don't know what my options are becuase this feels illegal but i've never dealt with anything like this before.