Legal Question in Intellectual Property in Iowa

T-shirt Design

I'm an artist in Iowa and made a t-shirt that has some zombies, skulls, and guns with the words ''Special Forces Zombie Squad'' above them. My buisness is photography and graphic design and the t-shirt was a one-off.

A non-profit group in Missouri who calls themselves ''Zombie Squad'' says my design violates their service/trade mark. They provide disaster instruction services. It does not use their logo or text. I didn't even know about them untill a few months after I made the design.

I'm not promoting anything with this design, its just an arbitrary design. However, they sent an email to the company that sells these for me and now they won't sell it.

1. Is it a trademark violation?

2. can I sue them for lost income in small claims?

Asked on 1/23/09, 2:18 pm

1 Answer from Attorneys

Johm Smith tom's

Re: T-shirt Design

It appears that they do have a federally registered mark; so you are sol.

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Answered on 1/25/09, 6:33 pm

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