Legal Question in Business Law in Georgia

Statue of limitaton on breach of contract

I invented an item in 1988. In 1990 I contacted a company for the purpose of selling the idea. A contract was signed stating that they wouldn't take and change my product and call it theirs should they refuse it. I made a sample and sent it to them. They declined my idea. Now they are manufacturing my item and selling it all over the USA and I'm not getting anything for it. Since it has been so long do I have any recourse of action? I have all the written documents and correspondences as proof.


Asked on 1/08/02, 1:45 am

1 Answer from Attorneys
Jeff Kent Kent & Merritt, P.A.

Re: Statue of limitaton on breach of contract

You are correct in assuming that a big challenge will be the delay in asserting ownership. There are several factors that, if present, might mitigate the problem somewhat, including the language of the contract itself, any contacts you have had with the company since the contract was signed, whether what might have consituted a trade secret when you invented it would still be considered a trade secret (for instance, is it something that still is not generally known in the industry), and when they actually started making the product. It might be worth a consultation with an attorney experienced in intellectual property to see, but you may be facing an uphill battle. Good luck.

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Answered on 1/08/02, 7:33 am


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