Legal Question in Intellectual Property in Oregon

Re: Intellectual Property

While I don't know all the facts, from your description it sounds like someone is trying to pull the wool over your eyes. It is hard to imagine a lawyer saying a ouija board is someone's "intellectual prpperty." My guess is they did not say it infringes a patent. Did they claim trademark infringement? That would generally be dead in the water if whatever TM is on it was put there by the TM owner, but again, I don't know the details. If they are claiming copyright infringement, take a look at 17 U.S.C. � 109, which provides that if it was lawfully made under the Copyright Act, whoever owns it gets to sell it no matter how much a singer's lawyer may howl.

It does not matter if it is one of a kind, or made by hand instead of in a factory, the Copyright Act calls it a "copy" if the intangible "work" is embedded in it. Unless they claim it was stolen or that whoever possesses it is not the owner -- of the ouija board, not the copyright -- then you should by all means take it up with your own lawyer.

Pretty much anyone who makes it into preschool is a copyright owner, but for some reason, those who exploit valuable copyrights seem to have a rather expansive view of what is theirs. In my experience, they often claim far more rights than the law gave them.

Find a lawyer who can second guess their claims. Good luck.