Legal Question in Intellectual Property in Minnesota

sample product ownership

Hello, thank you for taking my question your service is most

appreciated!. I created a line of collectable giftware. A company

marketed them. This company ordered and received twelve sample

sets containing fourteen pieces each at no cost (for the actual product

other than cost of mold making) from China.

This company has recently stopped trying to market my product. This

product is my creation, my copyright. Some of the samples were sold

yet there are still some samples that the marketer and their reps still

have. Since I own the copyright, isn't it true that I have the right to

have what product is left over returned to me? Who owns these

samples? Does the marketing company have the right to keep these

items? I previously marketed with another company and they had to

return all unsold product to me.

thank you, your time and effort is valued.


Asked on 4/29/05, 10:36 am

1 Answer from Attorneys

David Anderson Anderson Business Law LLC

Re: sample product ownership

I would hope there is a written agreement somewhere between you and the marketing company.

I would need to review that to determine rights to samples.

The actual COPYRIGHT will of course remain with you unless it was a "work for hire" or you otherwise transferred you right of ownership.

Feel free to call or e-mail Sat or Mon.

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Answered on 4/29/05, 11:14 pm


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