Back Story:
My wife is a Wedding Floral Designer and recently provided floral arrangements for a wedding client. This morning my wife noticed that the wedding planner for this wedding decided to take one of the arrangements, adjust it slightly, and take a few photographs of the manipulated arrangement. The wedding planner then proceeded to list miscellaneous items (iphone cases, greeting cards, wall clocks, etc.) with the photograph(s) on them.
My wife chose the colors / color palette, flowers, and created arrangements that were purchased by a client that agreed to our terms. We believe that the wedding planner is infringing on my wife's intellectual property by slightly manipulating a few arrangements and then trying to sale merchandise that rely heavily on the photographic image that is printed on them.
Would we be in the right to send a Cease and Desist letter requesting the wedding planner to stop selling / offering the merchandise? Any help and thoughts would be greatly appreciated.
Thank you in advance.
My wife is a Wedding Floral Designer and recently provided floral arrangements for a wedding client. This morning my wife noticed that the wedding planner for this wedding decided to take one of the arrangements, adjust it slightly, and take a few photographs of the manipulated arrangement. The wedding planner then proceeded to list miscellaneous items (iphone cases, greeting cards, wall clocks, etc.) with the photograph(s) on them.
My wife chose the colors / color palette, flowers, and created arrangements that were purchased by a client that agreed to our terms. We believe that the wedding planner is infringing on my wife's intellectual property by slightly manipulating a few arrangements and then trying to sale merchandise that rely heavily on the photographic image that is printed on them.
Would we be in the right to send a Cease and Desist letter requesting the wedding planner to stop selling / offering the merchandise? Any help and thoughts would be greatly appreciated.
Thank you in advance.
Trademarks: Ceast and Desist
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