Legal Question in Intellectual Property in Alabama

We have presented a prototype teeth whitening device to a shopping channel in USA for their approval. After communicating with them for almost 8 months they said the prototype is pretty good but need some amendments for the broucher to go with the prototype to be mass produced. So we have produced enough quatity as per their request. In the mean time the shopping channel company forwarded the item to their inhouse dentist for for evaluation and when the product arrived they have rejected the offer to sell on their shopping channel, which was last august (2010). They told us that we should try another shopping channel and we did. In the mean time the dentist who kept a sample of the prototype duly modified to their satisfaction, made some changes and Now sold through the second shopping channell, by the dentist himself who was assigned by the shopping channel. We feel that the invention was stolen from us and it is an infringment of trademark. Our patent is pending with the patent company. The product was developed with years of research in USA by an eminant and world renowned company.We are planning to sue two of the companies for a billion dollar each. What is our Chance....KMydean


Asked on 2/09/11, 3:08 am

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say it's not possible to answer this question without a complete examination of all surrounding facts, circumstances, documents signed, applications, etc. You may have waived some serious rights when you disclosed your idea. Also, inventions and trademarks have different laws and applications. Consult with a good intellectual property or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 2/09/11, 12:13 pm


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