Legal Question in Business Law in Iowa

Competitor Appropriated My Products

I run a Farmer's Market in NC Iowa. I had an oral agreement with a prominent ice cream company for them to send us samples of their product, via a local grocery store. The product was delivered, but a competitor arrived to this store before I did, and removed my product. The local store had agreed to hold this product until I came and got it. I was informed by the acting manager of this store that ''competitor'' came and ''picked something up''. This manager did not say whether ''competitor'' had taken my product, but seeing as how they now cannot find my product, one would assume that ''competitor'' took it.

I need to know if this is in violation of any Iowa statutes, and if yes, which.

Any advice on how to pursue any legal action would be greatly appreciated.

Also, if ''competitor'' sells these products, instead of giving them away as was my original plan, does the ice cream company have legal recourse?

''Competitor'' has also resorted to libelous claims and general defamation of (my) character and of my business to garner my business.

Also, I would like to know if the local store is at fault, legally, for releasing this product to ''competitor''.

Thank you for any and all replies to this.


Asked on 7/31/05, 9:24 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: Competitor Appropriated My Products

There are no statutes that regulate this. One question you need to answer is if you actually had title to the merchandise. In other words, if it was furnished for free distribution, was it yours to begin with?

There are some legal bases for a lawsuit, however, you must balance the damage you can prove against what it costs to litigate a lawsuit which can be calculated at a minimum of $100 per hour.

As to whether the ice cream co has a cause the answer is probably yes but in that case you do not have a dog in the fight so to speak.

I do some work with small scale agricultural projects and small groups of farmers so drop me a line and we can visit.

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Answered on 8/01/05, 11:31 am


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