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beanybaby

Selling merchandise

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Hello,

I am a resident of the state of New York and have a question about selling craft items in small businesses. My son designed some hair clips and other fashion items and sells them in a friend's beauty salon with her permission. Someone else visited the salon and claimed that the design was hers and wants to sue him for "ripping off her idea". Apparently she also sells these homemade items in another location. The items are NOT identical, my son does not know her, or what she sells. He has seen the items she sells and although they serve the same purpose they are not the same. I do not believe that this woman has a patent or copyright on the homemade items she is selling. She is just angry that someone else is selling the same type of thing. However, every craft fair I have ever been too, has booths selling similar items...can she sue?

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Can she sue? Yes, certainly.

Whether or not she would be successful is another matter entirely and that's tough to say without knowing more about the matter. However, I would also say that the VAST majority of people who threaten to sue somebody end up not doing so and basically are full of hot air. Also, realize that any civil lawsuit of this kind who have a very small potential payout and there would almost assuredly cost more to pursue than it would be worth to her in monetary terms.

So, in short, yes she could try and sue him but I think it is both highly unlikely and a poor choice business wise.

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