Can I sue my competitor for removing our logo from products brought to them by my customer for additional work?

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Can I sue my competitor for removing our logo from products brought to them by my customer for additional work?

I have a custom woodworking business in Texas and my main competitor here sometimes is brought one of my pieces to have an engraved plate attached or something like that. My customers tell me when they get the piece back, my stamp with our company’s information and logo has been removed and replaced with my competitor’s logo. Is this legal?

Asked on June 26, 2019 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You can't sue them for removing your logo: once you sell a product, it is out of your control and you cannot insist that your logo remain on it. But you can take legal action for then putting their logo on it, since that is an act which deceives as to the source of the product and so represents a violation of unfair competition law (such as the Lanham Act). You should speak with an intellectual property attorney to better understand what you could seek in such a claim (e.g. a cease and desist order and/or monetary compensation).


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