Insert Your Full Name
Insert Your Address
Insert Your State & ZIP Code
Insert Your Phone Number
Insert Your Email
Insert Date
Insert Name of Vans’ Attorney
Insert Address of Vans’ Attorney
Insert State & ZIP Code of Vans’ Attorney
Insert Phone Number of Vans’ Attorney
Insert Email of Vans’ Attorney
Dear Sir/Madam,
RE: OFFER TO SETTLE
My name is [Insert Your Full Name], a resident of the State of [Insert State]. I am writing
to you in regard to the use of my works by Vans without my consent and without paying me any
form of compensation.
I started out as a mix show DJ in the nineties and launched Graffiti Greetings in 1999
while in college. Graffiti Greetings started out as an urban greeting card line and ultimately
became the connection between street artists and urban communities that we seek to empower.
In 2000 I hooked up with Magic Johnson’s Foundation and Graffiti Greetings supported
their scholarship program for at risk youth by providing creative work for many of their events
and branding efforts. I did that for 17 years which earned me an endorsement from Mr. Johnson
and his foundation. I am grateful to have been able to make an impact on so many young lives.
Through the years I worked with many licensees on “street art” inspired lines for various
products and continue to do so. Working with Magic Johnsons team and all of the events that we
were involved with opened so many doors and I made so many friends in the industry which has
been key to my success.
In 2017, I created “Street Stances” a graffiti- style/ street art inspired line for the purpose
of co-branding it with NFL Pro Players and other brands such as Vans.
In 2018 Street Stances was licensed by Visa and card.com to be co-branded with Pro
NFL Players and featured on pre-paid debit cards.
In June 2019, my contact at the NFL Pro Players Association asked me to seek them a
shoe deal utilizing my ‘Street Stances” concept.
In July 2019 I approached a Vans executive by way of LinkedIn, and we started having a
conversation in regard to Vans potentially licensing my concept and the opportunity to co-brand
my concept with the NFL Pro Player license.
After presenting my NFL Pro Players X Street Stances line, numerous Graffiti Greetings
style guides, going over the NFL Pro Players licensing program and bringing the NFL Pro
Players Association into the conversation, Vans advised that they wanted to move forward with
my idea and co-brand it with the NFL Pro Players license. Over the next 3 months (July 2019-
October 2019), I presented hundreds of concepts, ideas, designs, innovative ideas, and pitch
decks to my executive contacts at Vans.
In October 2019, after having multiple Conversations and sending dozens of emails and
correspondence to my executive contacts at Vans, my executive contact at Vans said that they
were going to put my work on the shelf and if they decided to pull my ideas off the shelf –they
would reach out to continue the conversation and bring me on as a consultant to ensure that I was
compensated for my ideas.
During the multiple calls that I had with Vans, we discussed various payment
arrangements and royalty rates based on what Vans normally does for partnering brands and
collaborations. We spoke about payments and royalties on four separate telephone calls. Vans
was fully aware that they would have to compensate me for my ideas if they were to use all or
any part of them.
In 2020 I discovered that Vans utilized my concepts, innovation and designs and they
have continued to do so ever since.
I wish to believe that the foregoing was an oversight by someone. This letter is an olive
branch to rectify that.
I created a very special logo which I compare to the iconic “Rolling stones tongue and
lips” logo. This logo is very special as it tells the Vans “Off the wall” story without Vans having
to tell it. The dripping paint aligns with their "Off the Wall" tagline and therefore it is very
authentic and was one of their top sellers per the Vans website and according to multiple Vans
store managers that I spoke with at the various Vans retail outlets inside the malls where my
designs were showcased. This will be their Rolling Stones tongue and lips logo as it really tells
their story better as it has creative chemistry with their "Off the Wall" tagline. It is also the
foundation of the Pattern Customizer which I presented to my contact at Vans as well. I spelled it
out regarding why, “Vans needs to allow customers to create their own patterns.’ Then Vans
took my innovation and launched a pattern customizer.”
I really thought that my contact and Vans would do the right thing since I was bringing
them authentic looks and a bridge to the true urban athletic shoe space that they are not very
strong in. Yes, Vans is the most iconic street brand in the world, but their demographic is far
from the Nike and or Adidas. I believe that is one of the reasons my designs and innovation was
taken from me. We are not just talking about a logo, but rather multiple pitch decks with over
200 pages of looks and designs that was utilized without any form of payment. I created the
iconic Drip Logo for Vans (among other things including the online innovation to allow
customers to create their own custom patterns) and the creatives at Vans pushed me out,
launched my ideas and made them their own. This is because I conceptualized and brought them
something that was very original and authentic that they didn’t create and couldn’t because it was
MY authentic work based on years of my creative work.
I have hundreds of emails and notes from the interactions that I had with Vans while
discussing the NFL Pro players collaboration. My assistant was taking copious notes during the 5
phone calls that I had with Vans which supports my claim. I don’t want to engage in a legal
battle that would compel me to bring in NFL Pro Players to testify.
I want a licensing agreement with Vans to license my designs, concepts and innovation
that were used and continue to be used for an industry standard royalty of 12% of gross sales. If
Vans has another royalty that they pay with partnering brands, I am hoping to hear what that
figure is. This along with an annual minimal guarantee as normally structured when licensing my
work. This would mean paying me for what has already been sold and for future sales for all of
the products that include my work or portions of it.
I am writing this letter in with the hope that we can reach an amicable settlement to
resolve the situation above. Please be advised that although I am hopeful that we can reach an
agreement on the below terms, this letter does not constitute a binding legal agreement. It should
instead be considered the beginning of conversation that may lead to a legally binding
Settlement Agreement acceptable to all parties.
My proposed settlement terms are as follows:
Option A
Vans can own the rights to what they used (but no other of my designs that were
presented can be used)
Purchase the rights to Documentary
Purchase URL/ Domain names
www.banvans.com
I sign a non-disclosure agreement
I receive NO credit for my work and what I conceptualized for Vans
Settlement Amount $15 Million
Option B
Vans can license the rights to my work in exchange for a 12% royalty in perpetuity
Purchase the rights to Documentary
Purchase URL/ Domain names
www.banvans.com
I sign a non-disclosure agreement with respect to my claim
I receive credit for my work and what I conceptualized for Vans
Settlement Amount $1.5 Million Dollar Annual Guarantee for 5 years + 12% royalties
above and beyond guarantee. After 5 years, Vans pays me a royalty based on sales from Pattern
customizer and designs from my work without any guarantee.
If we fail to reach an agreement, I will be forced to pursue legal remedies for continued
unauthorized use of my works. These remedies include, but not limited to, suing Vans civilly for
damages. At this time, I am not filing a civil suit against you, as I hope we can resolve this
matter without any authoritative involvement. I am not under any circumstances, however,
waiving any rights I have presently, or future legal remedies by sending this letter.
I expect to hear back from you in a timely manner of no more than 14 days from the date
of this letter. If you fail to respond within this period, I will contact my attorneys to initiate legal
action against Vans. Thank you for taking your time to read this letter.
Yours Sincerely,
___________________________________
Insert Your Full Name
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