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this8384 · Feb 20, 2008, 12:55 PM

Forgive my vague description; I'm asking for a friend and trying to avoid releasing too many details as this may turn into a major lawsuit:

Early '80s: My friend and one of his associates invented a concept product and gave it a particular slogan. They brought it to a BIG name corporation; employees of the corporation signed a non-disclosure, non-compete agreement with my friend and agreed to market the product under the corporation's name. Over time, the deal fell through and that was the last my friend heard of it.

2007: This product had become very common among different companies; however, my friend sees his slogan on one particular brand of product. He checks the back of the packaging and learns that it's being distributed by the same company who signed his agreement back in the 80s. So essentially, they stole his entire concept and his slogan, marketed the product using his ideas and haven't given him a single penny for it.

My friend has 2 questions:
1) What rights does he have? The corporation is using his product and slogan but he hasn't received any royalties whatsoever.
2) If this is something worth pursuing, can anyone recommend an attorney who would take this case on consignment? He estimates the value at $25-40 million dollars, due to the number of sales on this product as well as the fact that it has been marketed for quite some time.

Any help would be greatly appreciated!!

shygrneyzs · Feb 20, 2008, 01:18 PM

He was working for the company so what he designed became their property? I would hope your friend contacts an attorney. Does your friend have any of the original paperwork? This sort of thing happened to my Father, who worked for International Harvester. He invented several devices to use on farm machinery and never saw a penny. Went to sue and did not win - but that was back in the 1960's. Laws have changed.

An attorney who specialized in contract law, employment relations, etc. Wishing your friend a successful outcome.

this8384 · Feb 20, 2008, 01:34 PM

No, he was not employed at the corporation at the time of invention. The concept product he developed was his own, unique idea which he tried to market through a big name corporation. The corporation had no right whatsoever to market his product without his knowledge.

this8384 · Feb 20, 2008, 01:45 PM

Oops, forgot to mention that he does still have the documents which were signed by the corporation's representatives :)

shygrneyzs · Feb 20, 2008, 02:06 PM

An attorney would be his best ally. One would believe that with the original documents your friend would have a valid point. Is there any clause in those documents that have an expiration date?

Fr_Chuck · Feb 20, 2008, 06:23 PM

Also did he patent the idea for ownership. So that may be an issue,
But a good attorney, but there will be may issues, one that the large company can fight and fight in court for years, running the other person out of money, this is very common to do. But he will need to start with a good attorney,

this8384 · Feb 21, 2008, 10:02 AM

That's why he was wondering if anyone knew of a good attorney who would work on a contigency. As I said, if it turns into a lawsuit, the dollar amount is going to be well into the millions. I've seen the paperwork and I feel he has a strong case; then again, I'm not an attorney.

Whether he patented it, I think one of his strongest arguments is that they marketed this product using HIS slogan, word for word. It's the same product and the same slogan; it's going to be kind of hard for them to say they just "happened" to come up with the same idea on their own.