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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years 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).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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