Legal Question in Intellectual Property in Iowa

My daughter has been selling a small sculptures of various designs. Each piece has a hang tag explaining the item, with trade mark label.

She just learned that somebody copied her item, complete with tag & they where used as centerpieces at a wedding reception. What should be her course of action? Item not registered.


Asked on 9/05/10, 1:54 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

If they infringed on her trademark (a legal conclusion), she could pursue the infringer. She has common law trademark rights even without a registration. These kinds of cases are highly fact dependent so you should consult an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 9/10/10, 7:05 pm


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