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.
1 Answer from Attorneys
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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