Legal Question in Intellectual Property in Iowa
We are a wood cutter and have made a copy of an item manufactured and apparently copyrighted. The copy is cut from 1/8" wood and is not 3 dimensional in any way while the tin piece it is copied from is 3 dimensional, only he shape was copied.
If the item is indeed copyrighted, is it an infringement to make a copy of the shape? The shape is a Christmas Stocking.
What steps does the originating manufacturer have to go through in notifying us and what are we expected to do?
1 Answer from Attorneys
If you have received a cease and desist letter, you should take it seriously, but not go into panic mode. The letter and the issues should be fully evaluated by an attorney knowledgeable in intellectual property litigation. Do not DIY in replying to the C&D letter because any information you give up may be used against you (do not tell them your annual sales, scope of distribution, etc.)
A regular Christmas Stocking shape (plain sock shape) is not owned by anyone. However, a unique Christmas Stocking shape may be owned by someone who has a copyright or a design patent.
Again, don't panic. Just get an attorney to help you.
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